HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7533
Date: 06/10/2020
Commission Meeting Date: 06/25/2020
Requesting Department: Office of Capital
Improvements
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Authorize Amendment - Wagner Creek And Seybold Canal Waterways Project
Purpose of Item:
The nature of this item is to authorize a Resolution of the Miami City Commission,
authorizing an Amendment No.3 to Contract No. 05-06-090 with CH2M Hill
Constructors, Inc., for the provision of Dredging Services on Project No. B-50643
Wagner Creek & Seybold Canal for additional Scope of Work as required by DERM.
The additional Scope of Work 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.
The item further authorizes the City Manager to execute Amendment No. 3 and execute
all other documents, including any amendments, renewals, and extensions, subject to
allocations, appropriations and budgetary approval having been previously made, and in
compliance with applicable provisions of the Code of the City of Miami, 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 applicable regulations, as may be necessary for
said purpose.
Background of Item:
On September 11, 2007, the City Commission authorized an Agreement between the
City of Miami ("City"), and CH2M Hill Constructors, Inc., a State of Delaware corporation
("CH2M") for the provision of construction support services ("Services") for the dredging
of the Wagner Creek and Seybold Canal Waterways Restoration Project, B-50643
("Project") for the Office of Capital Improvements (OCI) in the amount of $917,381.00,
in addition to an owner contingency in the amount of $82,619.00, for a total not exceed
amount of $1,000,000.00.
Pursuant to Resolution No. 14-0257, Amendment No. 1, adopted July 10, 2014,
increased the Agreement amount by $2,406,588.19, from the original total contract
amount of $1,000,000.00 to a total not -to -exceed amount of $3,409,588.19. Pursuant to
Amendment No 2, entered on October 25, 2016, increased the Agreement amount by
$90,000, from the previous total contract amount of $3,409,588.19 to the current total
contract not -to -exceed amount of $3,499,588.19.
The adoption of this Resolution amends the contract to reflect the additional Scope of
Work prescribed by DERM, increases the Contract Award from $3,499,588.19 by
$654,150.00 to a not -to -exceed amount of $4,153,738.19 and enables the Design -Build
Consultant to complete the work and close-out the project.
Budget Impact Analysis
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Item is an Expenditure
Total Fiscal Impact:
$654,150.00
General Account No.: B-50643
Special Revenue Account No.: FDEP SRF Loan SW132000
Office of Capital Improvements
Department of Procurement
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
Hector L Badia
Annie Perez
Ann -Marie Sharpe
Rene Lazaro Hernandez
Denise Lee
Christopher M Rose
Nzeribe Ihekwaba
Denise Lee
Arthur Noriega V
Valentin J Alvarez
Pablo Velez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
City Clerk's Office
Department Head Review
Department Head Review
Risk Review
Budget Analyst Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Skipped
Completed
Completed
Completed
Completed
Completed
Completed
Completed
06/15/2020 5:25 PM
06/16/2020 2:05 PM
06/16/2020 2:21 PM
06/16/2020 7:23 PM
06/15/2020 10:02 AM
06/16/2020 8:57 PM
06/16/2020 9:31 PM
06/16/2020 7:49 PM
06/16/2020 9:34 PM
06/16/2020 9:35 PM
06/16/2020 10:42 PM
06/16/2020 10:58 PM
06/16/2020 10:58 PM
06/25/2020 9:00 AM
06/26/2020 1:29 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0184
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7533 Final Action Date:6/25/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AMENDMENT
NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH CH2M HILL
CONSTRUCTORS, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO
CONDUCT BUSINESS IN THE STATE OF FLORIDA ("CH2M HILL"), FOR DREDGING
RELATED CONSTRUCTION SUPPORT SERVICES FOR THE WAGNER CREEK AND
SEYBOLD CANAL WATERWAYS RESTORATION PROJECT PURSUANT TO
INVITATION TO BID NO. 05-06-090, PROVIDING FOR ADDITIONAL WORK IN AN
AMOUNT NOT -TO -EXCEED SIX HUNDRED FIFTY FOUR THOUSAND ONE
HUNDRED FIFTY DOLLARS ($654,150.00), THEREBY INCREASING THE TOTAL
COMPENSATION LIMIT FROM THREE MILLION FOUR HUNDRED NINETY NINE
THOUSAND FIVE HUNDRED EIGHTY EIGHT DOLLARS AND NINETEEN CENTS
($3,499,588.19) TO AN AMOUNT NOT -TO -EXCEED FOUR MILLION ONE HUNDRED
FIFTY THREE THOUSAND SEVEN HUNDRED THIRTY EIGHT DOLLARS AND
NINETEEN CENTS ($4,153,738.19); ALLOCATING FUNDS FROM THE CITY OF
MIAMI'S ("CITY") OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-50643,
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT
THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AMENDMENT NO. 3 TO THE PSA WITH THE CH2M HILL, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; 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'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 Resolution No. 07-0482 adopted September 11, 2007, the City
Commission authorized execution of a Professional Services Agreement ("PSA") between the
City of Miami ("City") and CH2M Hill Constructors, Inc., a foreign profit corporation authorized to
conduct business in the State of Florida ("CH2M Hill"), for dredging related construction support
services ("Services") for the Wagner Creek and Seybold Canal Waterways Restoration Project,
B-50643 ("Project") pursuant to Invitation to Bid ("ITB") No. 05-06-0902 for the Office of Capital
Improvements ("OCI") in the amount of Nine Hundred Seventeen Thousand Three Hundred
Eighty One Dollars ($917,381.00), in addition to an owner contingency in the amount of Eighty
Two Thousand Six Hundred Nineteen Dollars ($82,619.00), for an amount not to exceed One
Million Dollars ($1,000,000.00); 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 (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 Resolution No. 14-0257 adopted July 10, 2014, Amendment
No. 1 was authorized increasing the PSA amount by Two Million Four Hundred Nine Thousand
Five Hundred Eighty Eight Dollars and Nineteen Cents ($2,409,588.19) from the original total
amount of (One Million Dollars) $1,000,000.00 to the total not to exceed amount of Three Million
Four Hundred Nine Thousand Five Hundred Eighty Eight Dollars and Nineteen Cents
($3,409,588.19); and
WHEREAS, pursuant to Amendment No. 2 to the PSA dated October 25, 2016, the PSA
amount was increased by Ninety Thousand Dollars ($90,000.00) from the previous total contract
amount of Three Million Four Hundred Nine Thousand Five Hundred Eighty Eight Dollars and
Nineteen Cents ($3,409,588.19) to the current total not to exceed amount of Three Million Four
Hundred Ninety Nine Thousand Five Hundred Eighty Eight Dollars and Nineteen Cents
($3,499,588.19); 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 the Design -Build
Firm of Sevenson Environmental Services, Inc., a foreign profit corporation authorized to
conduct business in the State of Florida ("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, the CH2M Hill PSA Amendment No. 3 revises the Section 1 Terms and
Conditions, Article 2 Scope of Services, inclusive of 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, and general conditions; and
WHEREAS, on May 15, 2020, DERM approved the revised Work Plan submitted by the
City; and
WHEREAS, the CH2M Hill PSA Amendment No. 3 also revises the Section 1 Terms and
Conditions, Article 5 Agreement Time, pursuant to the Consultant'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 still has sufficient remaining funds available to be drawn from a
previously awarded zero percent interest (0%) loan which was authorized by City Commission
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. 3 to increase
the capacity under the CH2M Hill PSA by Six Hundred Fifty Four Thousand One Hundred Fifty
Dollars ($654,150.00) to accommodate outstanding and foreseeable future assignments,
thereby increasing the award value from Three Million Four Hundred Ninety Nine Thousand
Five Hundred Eighty Eight Dollars and Nineteen Cents ($3,499,588.19) to a not to exceed
amount of Four Million One Hundred Fifty Three Thousand Seven Hundred Thirty Eight Dollars
and Nineteen Cents ($4,153,738.19);
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. 3 to the PSA with CH2M Hill for the provision of the Services
for the Project pursuant to ITB No. 05-06-090, providing for additional work in an amount not to
exceed Six Hundred Fifty Four Thousand One Hundred Fifty Dollars ($654,150.00), thereby
increasing the total compensation limit from Three Million Four Hundred Ninety Nine Thousand
Five Hundred Eighty Eight Dollars and Nineteen Cents ($3,499,588.19) to an amount not to
exceed Four Million One Hundred Fifty Three Thousand Seven Hundred Thirty Eight Dollars
and Nineteen Cents ($4,153,738.19), is authorized'
Section 3. Funds shall be allocated from OCI Project No. B-50643, subject to budgetary
approval at the time of need.
Section 4. The City Manager is authorized to negotiate and execute Amendment No. 3
to the PSA, in a form acceptable to the City Attorney, with CH2M Hill for said purposes.
1 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.
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 Code
of the City of Miami, Florida, as amended ("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:
ndez, City Attor ey 6/16/2020