HomeMy WebLinkAboutR-20-0184City of Miami
Resolution R-20-0184
Legislation
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
City of Miami Page 1 of 4 File ID: 7533 (Revision: A) Printed On: 5/2/2025
File ID: 7533 Enactment Number: R-20-0184
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
City of Miami Page 2 of 4 File ID: 7533 (Revision: A) Printed on: 5/2/2025
File ID: 7533
Enactment Number: R-20-0184
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'
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.
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File ID: 7533 Enactment Number: R-20-0184
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.
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
City of Miami Page 4 of 4 File ID: 7533 (Revision: A) Printed on: 5/2/2025