HomeMy WebLinkAboutBack-Up Documents - Draft Amendment No. 3CITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
AMENDMENT NO. 3 TO THE AGREEMENT FOR DREDGING SERVICES FOR
WAGNER CREEK AND SEYBOLD CANAL WATERWAYS PROJECT
This Amendment No. 3 to the Agreement dated February 22, 2008, (the "Agreement") between
the City of Miami, a municipal corporation of the State of Florida ("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) is entered into this day of , 2020.
RECITALS
WHEREAS, the Agreement was entered into pursuant to Resolution No. 07-0482,
adopted September 11, 2007, 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, for
the Scope of Work included in the Agreement; 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 (ii.) protection of public safety with minimal damage to
existing structures, land, vegetation, and wildlife; and
WHEREAS, 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; and
WHEREAS, 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
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; (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 Consultant
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 Consultant's negotiated contract pursuant to Contract No. RFP 15-16-030,
Exhibit B1.C. Scope of Services, 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 as Specific Condition No. 10 has not been
satisfied; and
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WHEREAS, all Permits from the regulatory agencies USACE, FDEP, and DERM have
been extended; and
WHEREAS, this Amendment No.3 revises the Agreement, 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, general conditions; and
WHEREAS, on May 15, 2020, DERM approved the revised Work Plan submitted by the
City; and
WHEREAS, this Amendment No.3 revises the Agreement, 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 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 increase the capacity under the
Agreement to accommodate outstanding and foreseeable future assignments, and executing
Amendment No. 3 to the Agreement increases the capacity by $654,150, thereby increasing the
award value from $3,499,588.19 to an amount not -to -exceed $4,153,738.19;
WHEREAS, it is therefore necessary to execute Amendment No. 3 to the Agreement
with CH2M, increasing the Agreement capacity by a not -to -exceed amount of four million one
hundred and fifty-three thousand seven hundred thirty-eight dollars and nineteen cents
($4,153,738.19); and
NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the
Agreement as follows:
Section 1. Contract No. 05-2028, Section 1, GENERAL TERMS AND CONDITIONS,
CLAUSE 65 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. 05-2028, Section 1, GENERAL TERMS AND CONDITIONS,
CLAUSE 43 FORCE MAJEURE
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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. 05-2028, Section 1.2, "Scope of Services," is revised pursuant to
Amendment No.3.
Section 4. Contract No. 05-2028, Section 1.5, "Agreement Time," is amended pursuant
to Amendment No. 3.
Section 5. Contract No. 05-2028, Section 1.6, "Contract Value" C1, "is hereby increased
by six hundred fifty-four thousand one hundred fifty dollars ($654,150.00), thereby
increasing the award value from $3,499,588.19 to an amount not -to -exceed
$4,153,738.19. 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.
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first above written.
WITNESS/ATTEST: CH2M HILL CONSTRUCTORS, INC., a
Foreign Corporation
Signature Signature
Print Name, Title Print Name, Title
ATTEST: (Corporate Seal)
Contractor's Secretary
(Affirm Contractor's Seal, if available)
ATTEST: CITY OF MIAMI, a municipal corporation of
the State of Florida
Todd B. Hannon, City Clerk Arthur Noriega V, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Ann Marie Sharpe, Director Victoria Mendez, City Attorney
Risk Management Department
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CORPORATE RESOLUTION
(This Resolution must authorize the signatory to sign)
WHEREAS, CH2M Hill Constructors, 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 , 2020.
("Contractor")
A Florida Corporation
By: (sign)
Print Name:
TITLE:
(sign)
Print Name:
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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 OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , who is personally
known to me or who has produced as identification and who
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
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