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2011-27643 Reso R RESOLUTION NO. 2011 -27643 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 20 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND CH2M HILL FOR THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT -OF- WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM FOR NEIGHBORHOOD NO. 8 BAYSHORE AND SUNSET ISLANDS, DATED MAY 16, 2001, REALLOCATING FUNDS IN THE AMOUNT OF $340,069.99, FROM CONSTRUCTION ADMINISTRATION TO BIDDING AND AWARD SERVICES FOR THE BAYSHORE NEIGHBORHOODS NO. 8A, 8B, 8C, AND 8D PACKAGES. WHEREAS, on May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001 - 24387, approving and authorizing the Mayor and City Clerk to execute an agreement with the Consultant for professional services (the Agreement) for the Right -of- Way Infrastructure Improvements Program Neighborhood No. 8 Bayshore and Sunset Island project (the Project), pursuant to Request for Qualifications No. 134 - 99/00; and WHEREAS, the Agreement provides for the detailed planning services for vrious streetscape, landscape, and utility improvements within the Bayshore and Sunset Island neighborhoods; and WHEREAS, the planning effort for the Bayshore and Sunset Island neighborhoods has been completed and detail design activities are underway; and WHEREAS, the Agreement was executed in the not -to- exceed amount of $133,174; and WHEREAS, on December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003 - 25432, approving additional design services as Amendment No. 1 to the Agreement, for planning, design, permitting, bidding / award, and construction administrative services for the Bayshore and Sunset Island neighborhoods in the not -to- exceed amount of $1,913,302; and resulting in a revised contract fee of $2,046,476; and WHEREAS, on February 24, 2005, Amendment No. 2 to the Agreement was administratively executed, to re- package Sunset Islands 1 and 2 from Bid Package 8D to Bid Package 8B at no additional cost, resulting in no change to contract; and WHEREAS, on November 8, 2005, Amendment No. 3 to the Agreement was administratively executed to include the completion of a topographic survey along Pine Tree Drive, from West 28 to West 40 Streets, along the east side of the road, in the not -to- exceed amount of $12,850; resulting in a revised contract fee of $2,059,326; and WHEREAS, on February 17, 2006, Amendment No. 4 to the Agreement was administratively executed to include the evaluation, permitting and preparation of construction cost alternatives for the installation of curb /valley gutters to Sunset Islands 1 and 2, in the not -to- exceed amount of $2,500; resulting in a revised contract fee of $2,061,826; and WHEREAS, on February 16, 2006, Amendment No. 5 to the Agreement was executed to include the installation of four (4) drainage test wells to provide additional information for the preparation of a Letter of Reasonable Assurance to be submitted to the Florida Department of Environmental Protection (FDEP), as required in the permit application for the Project, in the not -to- exceed amount of $55,863; resulting in a revised contract fee of $2,117,689; and WHEREAS, on September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006 - 26283, approving Amendment No. 6 to the Agreement for the design of "P3.2" classified water main replacements required by the City's Public Works Department, in the not -to- exceed amount of $372,230; resulting in a revised contract fee of $2,489,919; and WHEREAS, on September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006 - 26283, approving Amendment No. 7 to the Agreement for the design of bike lanes /routes required by the City's Public Works Department, in the not to exceed amount of $58,128; resulting in a revised contract fee of $2,548,047; and WHEREAS, on September 9, 2006, Amendment No. 8 to the Agreement was administratively executed to include the design of alternative parking in the Lake Pancoast area, in the not -to- exceed amount of $24,900; resulting in a revised contract fee of $2,572,947; and WHEREAS, on September 9, 2006, Amendment No. 9 to the Agreement was administratively executed to include the design of road edge treatment to Sunset Islands 1 and 2, in the not -to- exceed amount of $3,200; resulting in a revised contract fee of $2,576,147; and WHEREAS, on September 9, 2006, Amendment No. 10 to the Agreement was administratively executed to include the design of resident requested modifications in the Lake Pancoast area; in the not -to- exceed amount of $8,680; resulting in a revised contract fee of $2,584,827; and WHEREAS, on August 6, 2007, Amendment No. 11 to the Agreement was administratively executed for an additional thirty seven (37) soil borings in Sunset Island No. 1 to verify underground utility services and potential conflicts, in the not to exceed amount of $10,400; resulting in a revised contract fee of $2,595,227; and WHEREAS, on April 11, 2007, the Mayor and City Commission adopted Resolution No. 2007 - 26504, approving Amendment No. 12 to the Agreement for additional services regarding verification of additional underground utilities to avoid conflicts in 103 boring sites along North Bay Road between Sunset Drive and Alton Road, in the not to exceed amount of $27,500; and 334 boring sites for Bid Package 8A - Central Bayshore, in the not to exceed amount of $94,675; and to perform a traffic study at the intersection of West 28 Street and Prairie Avenue, in the not to exceed amount of $20,780; all resulting in a revised contract fee of $2,738,182; and WHEREAS, on December 7, 2007, Amendment No. 15 to the Agreement was administratively executed for additional services to prepare a re- application package for the Historic Preservation Board for the Lake Pancoast Bid Package, in the not to exceed amount of $2,145; resulting in a revised contract fee of $2,777,886; and WHEREAS, on December 7, 2007, Amendment No. 16 to the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at a meeting with residents discussing options for the intersection of 28 Street and Prairie Avenue, in the not to exceed amount of $2,947; resulting in a > 9 revised contract fee of $2,780,833; and WHEREAS, on December 20, 2007, Amendment No. 13 to the Agreement was administratively executed for additional services to expand the traffic study of alternative design concepts for the 28 Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to exceed amount of $22,156; resulting in a revised contract fee of $2,760,338; and WHEREAS, on December 20, 2007, Amendment No. 14 to the Agreement was administratively executed for additional services to implement miscellaneous design revisions to bike lanes, traffic tables, crosswalks, the 28 Street and Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403; resulting in a revised contract fee of $2,775,741; and WHEREAS, on January 6, 2009, Amendment No. 17 to the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at various Board and civic meetings discussing options on Sunset Islands No. I and 11, in the not to exceed amount of $15,344; resulting in a revised contract fee of $2,796,177; and WHEREAS, on January 6, 2009, Amendment No. 18 to the Agreement was administratively executed for additional services for design services necessary for the preparation of a technical memorandum evaluating the use of exfiltration trenches in lieu of a stormwater pump station in Lake Pancoast, in the not to exceed amount of $15,196; resulting in a revised contract fee of $2,811,373; and WHEREAS, on October 14, 2009, the Mayor and City Commission adopted Resolution No. 2009 - 27223, approving Amendment No. 19 to the Agreement which provided for additional design scope on Sunset Islands No. 3 and 4; that included preparation of a technical memorandum which investigated the existing stormwater system, proposed improvements required to meet a 5 -year, 1 -day level of service, and presented them in a schematic plan; that relocated water meters in rear easements to the right -of -way; that added valley gutters, catch basins, replacement/upsizing of outfalls, tideflex valves, and stormwater quality improvements; that coordinated the undergrounding of electric, cable, and phone services; that coordinated new gas service; and that updated the existing condition sheets; in the not -to- exceed amount of $108,000; resulting in a revised contract fee of $2,919,373. WHEREAS, the following Amendment No. 20, reallocates funds from construction administration to bidding and award services for the Bayshore Neighborhoods No. 8A, 8B, 8C, and 8D packages for additional services associated with the extended bidding and award phase due to additional permitting requirements, in the amount of $144,591.84, $120,716.06, $39,749.13, and $35,012.96, respectively, fora total contract reallocation of $340,069.99; increasing the bidding and award services budget for Neighborhoods No. 8A, 8B, 8C, and 8D packages from $14,806 to $159,397.84, $14,806 to $135,522.06, $14,806 to $54,555.13, and $14,806 to $49,818.96, respectively, fora total bidding and award services budget of $399,293.99, and decreasing the total construction administration budget from $371,441 to $31,371.01. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 20 to the professional services agreement between the City of Miami Beach, Florida, and CH2M Hill for the Professional Landscape Architectural and Engineering Services for the Right -of -Way Infrastructure Improvements Program for Neighborhood No. 8 Bayshore and Sunset Islands, dated May 16, 2001, reallocating funds in the amount of $340,069.99, from Construction Administration to Bidding and Award services for the Bayshore NeighborhoodS No. 8A, 8B, 8C, and 8D packages. PASSED AND ADOPTED this /3 h1 day of April , 2011. ATTEST: ,,, Ara: tf, ROBERT ff. PARCHER, CITY CLERK AT I HERRE • = • WER, MAYOR T:\AGENDAl2011 \4- 13- 11\Bayshore - CH2MHill Amendment No. 20 and 21\Bayshore - CH2MHiIl Amendments No. 20 - RESO.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION g fl-C 41 City ttomey Date COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 20 to the professional services agreement between the City of Miami Beach, Florida, and CH2M Hill for the Professional Landscape Architectural and Engineering Services for the Right -of -Way Infrastructure Improvements Program for Neighborhood No. 8 Bayshore and Sunset Islands, dated May 16, 2001, reallocating funds in the amount of $340,069.99, from construction administration to bidding and award services for the Bayshore Neighborhoods No. 8A, 8B, 8C, and 8D packages. A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 21 to the professional services agreement between the City of Miami Beach, Florida, and CH2M Hill for the Professional Landscape Architectural and Engineering Services for the Right -of -Way Infrastructure Improvements Program for Neighborhood No. 8 Bayshore and Sunset Islands, dated May 16, 2001, to provide additional design documents and permitting services to procure the DERM Tree Removal Permits for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, 8C, and 8D projects, to participate in value engineering, provide design modifications and associated re- permitting services to incorporate the level of service review comments requested by the City Commission, for a Not -to- exceed amount of $135,112.97, and $63,605.00, for reimbursable expenses; with previously appropriated funding in the amount of $113,297.18; appropriating $85,420.79 from Fund 429, Stormwater Projects Line of Credit, with such funds to be repaid from proposed future stormwater bonds. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure and Ensure Well Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): 43% of the residential respondents to the 2009 Community Satisfaction Survey rated Storm Drainage (to avoid flooding) as Excellent and Good. Issue: 1 Shall the City Commission approve the amendment to the Contract? Item Summary/Recommendation: The original agreement between the City and CH2MHill consisted of a project requiring one set of construction documents, and permitting, bidding/ award and construction administration services for only one package. The City required CH2MHill to re- package the project into four packages (Central Bayshore, Lower North Bay Road, Lake Pancoast, and Sunset Islands 3 & 4). Additional effort by CH2MHill was needed to convert the original set into four independent sets of construction documents which required plan modifications and permit resubmittals. The creation of the independent bid packages increased the level of effort for bid/ award services, including the preparation of additional plans and environmental assessments required'for permitting. Due to the time required to conduct the environmental assessments required by the governing agencies as support documentation for the dewatering strategies, the bidding and award phases of packages 8A, 8B, and 8C were placed on hold in May, 2010 and re- released for bidding and award in October 2010 after the plans were completed and fully permitted, thus requiring additional services for additional bidding and award phase services by CH2MHill. The purpose of Amendment No. 20, is to reallocate funds from the construction administration task to bidding and award services for the Bayshore Neighborhoods No. 8A, 8B, 8C, and 8D packages to provide for additional services associated with the extended bidding and award phase due to additional permitting requirements, in the amount of $144,591.84, $120,716.06, $39,749.13, and $35,012.96, respectively, for a total contract reallocation of $340,069.99; increasing the total bidding and award services budget from $59,224 to $399,293.99, and decreasing the total construction administration budget from $371,441 to $31,371.01. On December 8, 2010, the Mayor and City Commission awarded the Bayshore Neighborhood No. 8B Right - of -Way Infrastructure Improvements project to Trans Florida and Development Corporation. On January 19, 2011, the Mayor and City Commission awarded the Bayshore Neighborhood No. 8A/8C Right -of -Way Infrastructure Improvements project to Lanzo Construction. The contracts were awarded subject to a level of service review of the plans by the City's Public Works Department. In addition, the Mayor and City Commission authorized the Administration to engage in value engineering to reduce the cost and completion time of the projects. As a result of the level of service reviews and value engineering discussions, CH2M Hill has requested additional services to incorporate comments and provide associated re- permitting services. In addition, the City has requested that CH2M Hill provide plans and permitting services to procure the DERM AGENDA ITEM C 7R vinor M IAMI BEACH DATE � -- /3� 8 I - Tree Removal Permit for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, 8C, and 8D projects as these services were not a part of the original scope of services of the Consultant. A DERM Tree Removal Permit will be required, prior to construction of each project, to remove and /or relocate existing trees that have been identified as encroachments primarily due to conflicts with proposed stormwater related improvements. Amendment No. 21 approves additional design and permitting services to procure the DERM Tree Removal Permits for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, 8C, and 8D projects and additional services to participate in value engineering discussions and provide design modifications with associated re- permitting services to incorporate level of service review comments, for a not -to- exceed amount of $135,112.97 and an additional not -to- exceed amount of $63,605.00 for reimbursable expenses, for a total not - to- exceed amount of $198,717.97. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 $50,287.98 302 - 2205 - 069357 I I 2 $44,825.34 429 - 2205 - 061357 3 $6,230.36 376- 2326- 061357 4 $2,663.24 384 - 2326- 061357 5 $9,481.10 384 - 2326- 069357 6 $27,547.97 428 - 2326 - 061357 7 $17,086.53 384 - 2325 - 069357 8 $14,941.93 429 - 2325 - 069351 9 $6,200.00 429 - 2318- 061357 10 $19,453.52 429 - 2318- 069357 OBPI Total $198,717.97 Financial Impact Summary: Amendment No. 20 will not increase the original total contract amount. City Clerk's Office Legislative Tracking: Si • n -Offs: De • artment Director Assistant ana • er Cam_ _ jt!/ it DB �� + T:',AGENDA \20 ,11Ba - CH2MH111 Amendment No. 20 a� 21\Bayshore - CH2MHill Amendments No. 20 a. 21 - SUMI.IIARY.doc trl MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMOR NDUM TO: Mayor Matti Herrera Bower and Members of t City Commission FROM: Jorge M. Gonzalez, City Manager DATE: April 13, 2011 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO 'EXECUTE AMENDMENT NO. 20 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND CH2M HILL FOR THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT -OF -WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM FOR NEIGHBORHOOD NO. 8 BAYSHORE AND SUNSET ISLANDS, DATED MAY 16, 2001, REALLOCATING FUNDS IN THE AMOUNT OF $340,069.99, FROM CONSTRUCTION ADMINISTRATION TO BIDDING AND AWARD SERVICES FOR THE BAYSHORE NEIGHBORHOODS NO. 8A, 8B, 8C, AND 8D PACKAGES. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 21 TO THE PROFESSIONAL SERVICES AG EEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND CH2M HILL FOR THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT -OF -WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM FOR NEIGHBORHOOD NO. 8 BAYSHORE AND SUNSET ISLANDS, DATED MAY 16, 2001, TO PROVIDE ADDITIONAL DESIGN DOCUMENTS AND PERMITTING SERVICES TO PROCURE THE DERM TREE REMOVAL PERMITS FOR THE BAYSHORE AND SUNSET ISLAND NEIGHBORHOODS NO. 8A, 8B, 80, AND 8D PROJECTS, TO PARTICIPATE IN VALUE ENGINEERING, PROVIDE DESIGN MODIFICATIONS AND ASSOCIATED RE- PERMITTING SERVICES TO INCORPORATE THE LEVEL OF SERVICE REVIEW COMMENTS REQUESTED BY THE CITY COMMISSION, FOR A NOT -TO- EXCEED AMOUNT OF $135,112.97, AND $63,605.00, FOR REIMBURSABLE EXPENSES; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $113,297.18; APPROPRIATING $85,420.79 FROM FUND 429, STORMWATER PROJECTS LINE OF CREDIT, WITH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORMWATER BONDS. • ADMINISTRATION RECOMMENDATION Adopt the Resolutions. Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 2 of 9 FUNDING Amendment No. 21 Funding in the amount of $113,297.18 has been previously appropriated in the Capital Budget; funding in the amount of $85,420.79 to be appropriated from Fund 429, Stormwater Projects line of Credit, to be repaid from proposed future stormwater bonds as follows: Central Bayshore Neighborhood (Package 8A): $50,287.98 Pay -As- You -Go account # 302 - 2205 - 069357 $44,825.34 Stormwater Projects Line of Credit account # 429 - 2205 - 061357 $95,113.32 Total (BP- 8A) Lower North Bay Road Neighborhood (Package 8B): $ 6,230.36 2003 G.O. Bond Neighborhood account # 376- 2326- 061357 $ 2,663.24 2003 G.O. Bond Neighborhood account # 384 - 2326- 061357 $ 9,481.10 2003 G.O. Bond Neighborhood account # 384 - 2326- 069357 $27,547.97 Stormwater Bonds 2000 Series account # 428 - 2326- 061357 $45,922.67 Total (BP- 8B) Lake Pancoast Neighborhood (Package 8C): $17,086.53 2003 G.O. Bond Neighborhoods account # 384 - 2325 - 069357 $14,941.93 Stormwater Projects Line of Credit account # 429 - 2325 - 069351 $32,028.46 Total (BP- 8C) Sunset Islands 3 and 4 Neighborhood (Package 8D): $ 6,200.00 Stormwater Projects Line of Credit account # 429 - 2318 - 061357 $19,453.52 Stormwater Projects Line of Credit account # 429 - 2318 - 069357 $25,653.52 Total (BP- 8D) Grand Total: $198,717.97 (1) Previously programmed in Capital Budget to be repaid from future Stormwater Bonds. INTRODUCTION The intent of this resolution is to provide adequate and clear direction in order to properly execute the CH2MHiIl contract. In this memorandum we will explain, in detail, the purpose of Amendments No. 20 and 21. In Amendment No. 20 the City is requesting additional services related to the requeste• additional effort required by the Consultant to provide bidding and award services for four (4) in•ependent construction packages, in lieu of providing these services for only one (1) construction •ackage as originally specified in their contract. This amendment also requests additional services for the increased effort associated with obtaining the Miami -Dade Department of Environmental - esources Management (DERM) Dewatering Permits for the Bayshore and Sunset Island Neighbo hoods No. 8A, 8B, 8C and 8D projects. The intent is to reallocate fees from Construction Ad inistration services to Bidding and Award services to cover the increased level of effort required for this task and decrease the budget for Construction Administration services, the replenishment of hich shall be addressed via separate amendment to the contract, if required. The purpose of Amendment No. 21 is to approve additional services to provide design ocuments and permitting services to procure the DERM Tree Removal Permits for the Bayshore nd Sunset Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 3 of 9 Island Neighborhoods No 8A, 8B, 8C, and 8D projects. A DERM Tree Removal Pe mit will be P required to remove and /or relocate existing trees that have been identified as encroachments primarily due to conflicts with proposed stormwater related improvements. In addition, expanded services are required to participate in value engineering analysis as well as prov de design modifications and associated re- permitting services to incorporate the level of service review comments requested by the City Commission during award of the construction contracts for the Bayshore Neighborhoods No. 8A, 8B, and 8C projects. BACKGROUND On May 16, 2001, the City of Miami Beach (the "City ") adopted Resolution No. 2001- 24387, approving and authorizing the execution of an agreement (the "Agreement ") with CH2MHill, Inc. (the "Consultant ") for professional services for the Right -of -Way (ROW) Infrastructure Improvements Program for Neighborhood No. 8 — Bayshore and Sunset Islands project (the "Project ") iursuant to Request for Qualifications No. 134 - 99/00. The Agreement was negotiated for a not-to-exceed amount of $133,174 for detailed planning services for various streetscape, landscaped and utility improvements and the creation of a Basis of Design Report for the entire Bayshore nei hborhood, including all the Sunset Islands, Central Bayshore, Lower North Bay Road, and Lake Pa coast. The Project scope of work was subsequently amended to include design services for these neighborhoods and further amended to assemble multiple bid packages. On April 9, 2003, the City Commission approved the Basis of Design Report (BODR), Completed and submitted by CH2MHill for the Neighborhood No. 8 Bayshore / Sunset Islands Project. This BODR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (DRB). Since the execution of the original Agreement, there have been a total of nineteen (19) amendments which have been either approved by the City Commission or administratively apprf oved. The previous amendments have resulted in a total contract value of $2,919,373. Amendments No. 20 and 21 are concurrently being presented herein for approval by the Mayor and City Commission. A complete list of the executed amendments and proposed amendments for this project is provided in Attachment A. PROJECT LIMITS & SCOPE OF SERVICES: The Central Bayshore Neighborhood 8A Project (Package 8A) is located within the mid beach area. The project limits includes, but is not limited to, the public right -of -ways (ROWS) within all areas generally bounded to the north by West 40th Street; west along Chase Avenue; east along Flamingo Drive; and south along West 28th Street. The Package 8A Scope of Work includes, but is not limited to, demolition, site p eparation, earthwork, storm drainage, road paving and restoration, concrete sidewalks and valley gu ers, water distribution, landscape up lighting, vegetation and planting, and irrigation. The Lower North Bay Road Neighborhood 8B Project (Package 8B) limits, in general are bounded by Sunset Drive, Alton Road, Biscayne Bay and Sunset Lake. The Package 8B Scope of Work includes improvements to the storm water collection and disposal system, including construction of four (4) pressurized wells, and two (2) storm water pump stations, curb and gutter, improvements to the water distribution system, demolition, site preparation, earthwork, roadway reconstruction, roadway milling and resurfacing, sidewalk replace ent, and signage and pavement markings. Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 4 of 9 The Lake Pancoast Neighborhood 8C Project (Package 8C) is also located within the mid beach area. The project limits includes, but is not limited to the public rights -of -way (ROW) within all areas generally bounded to the north by West 26 Street and includes approximately 500 feet Of Flamingo Drive to the north (of West 26 Street); to the west by Pine Tree Drive; to the south b West 24 Street; and to the east by Lake Pancoast Drive. The Package 8C Scope of Work includes, but is not limited to, demolition, site p eparation, earthwork, street resurfacing, sidewalk repair, planting strip restoration and enhanced la dscaping, curb and gutter upgrades, entryway features and enhanced street signage, street light upgrades, streetscape for traffic calming, Flamingo Drive water main replacement, and stre tscape for improved on- street parking and is not included as part of these amendments. The Sunset Islands Neighborhood 8D Project (Package 8D) is comprised of Sunset Islands III and IV. The Package 8D Scope of Work is anticipated to include improvements to the stormwater collection and disposal system, water main replacement, demolition, site preparation, barthwork, street resurfacing, sidewalk replacement, landscaping, curb and gutter upgrades, entryway features and enhanced street signage, and street lighting upgrades. The Bayshore Bid Package D Project is currently at 30% level of design. CONSTRUCTION SERVICES AWARDS On November 25, 2009, Invitation to Bid (ITB) No. 2 -09/10 was issued and bids were received on February 8, 2010 from Lanzo Construction Co. of Florida, Metro Equipment Service, Inc., Southeastern Engineering Contractors, Inc., and Trans Florida Development Corporation. On December 8, 2010, the Mayor and City Commission adopted Resolution No. 2010 - 27567, authorizing the award of a contract to Trans Florida Development Corporation, for the Right -of -Way Infrastructure Improvement Program — Neighborhood No. 8 — Lower North Bay Road (Package 8B). On December 31, 2009, Invitation to Bid (ITB) No. 18 -09/10 was issued and bids were received from GlobeTec Construction, LLC, Lanzo Construction Co., Florida, and Southeastern Engineering Contractors, Inc., on November 10, 2010. On January 20, 2011, the Mayor and City Commission adopted Resolution No. 2011- 27587, authorizing the award of a contract to Lanzo Construction Co., Florida, for the Right -of -Way Infrastructure Improvement Program — Neighborhood No. 8 — Central Bayshore (Package 8A) and Lake Pancoast (Package 8C). At both of these awards the City Commission directed the City Manager to have the City Engineer conduct a peer review of the engineering plans to ensure that the proposed drainage system met the required level of service. ANALYSIS A. AMENDMENT No. 20 The original 2001 Agreement between the City and the Consultant outlined one (1) project, requiring one (1) set of construction documents, permitting services, bidding and award services, and construction phase assistance for only one (1) bid package. As part of the original Agreement between the City and the Consultant, the City negotiated a total Bidding and Award services fee of $59,224 and a total Construction Administration fee of $371,441 (see Table 1, Page 7). During the design phase of the project the City directed the Consultant to re- package the project into four (4) distinct areas (Central Bayshore — Package 8A, Lower North Bay Road — Package B, Lake 1 Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 5 of 9 Pancoast — Package C, and Sunset Islands 3 and 4 — Package D). Consequently, fo!lowing the City's directive, additional effort was necessary to repackage the original set of permit pl ns into four (4) independent sets of construction documents. This required modifications to the plan as well as a resubmittal of the packages to the various permitting agencies for review. The creation of the four independent bid packages significantly increased the level of effort required for bid and award services, including the preparation of additional plans and environmental assessments required for permitting purposes. Likewise, the level of effort required by the Consultant for construction administration services also increased with the creation of the four (4) independent packages. Given the significant additional level of effort to repackage the independent sets of contract documents and to provide the additional design documents and environmental assessments associated with the permitting of the projects, staff authorized CH2MHill to proceed with the work in order to be able to advance the project through the bidding and award phase. This directive was issued with the understanding that, although there was sufficient balance in the contractto cover the additional permitting expenses and bid and award services, additional funding for qonstruction administration would need to be addressed separately. Amendment No. 20 (see Attachment B) is requesting the reallocation of fees from Construction Administration services to Bidding and Award services to cover the increased time necessitated by the City's request to provide Bidding and Award Services for four (4) independent donstruction packages. The initial Bidding and Award Task was scheduled to provide Bidding and Award services for one (1) construction package. The replenishment of the Construction Administration Services Task for this Consultant, if warranted, will be addressed via separate amendment to ti Contract. During the bidding and award phase of the Central Bayshore Package 8A, Lower North Bay Road Package 8B, and Lake Pancoast Package 8C, concerns were raised about having the Contractor procure the Miami -Dade County Department of Environmental Resources Management (DERM) Dewatering Permit and South Florida Water Management District (SFWMD) Water Use Permit following the award of the project due to recent SFWMD and DERM policy changes. In the past, obtaining a dewatering permit was considered part of the Contractor's means and methods of construction, to be secured by the selected Contractor as an engineering sub - consultant service after award of the contract. Therefore, the Consultant's original contract, executed in 2001, did not include scope of services associated with obtaining this permit during the permitting phase of the projects. In 2007, due to more stringent permitting requirements handed down by SFWMD, DERM began requiring sampling and testing for the presence of ammonia - nitrogen from the extracted ground water. Part of this requirement was to monitor and control the discharge of any ammonia - nitrogen water to Biscayne Bay to a very low level of 0.1 mg /I. To obtain the DERM Class II Permit and a DERM Dewatering Permit for the Bayshore projects, the City was required by DERM to provide environmental assessments in each neighborhood and to provide details regarding the construction dewatering methodologies. Due to the time required to conduct the environmental assessments required by SFWMD and DERM as support documentation for the dewatering strategies, the bidding and award phases of all three packages were postponed indefinitely in early April 2010. After the Dewatering Plans were completed and fully permitted by the respective governing agencies, the Central Bayshore, Lower North Bay Road, and Lake Pancoast packages were re- released for bidding and award in late October 2010, necessitating additional services for bidding and award phase services by the Consultant. Typically, procuring the DERM Dewatering Permit and SFWMD Water Use Permit are the responsibility of the Contractor. However, due to the additional requirements by DERM and SFWMD, Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 6 of 9 the City determined that it would be in its best interest to have the Consultant obtain thse permits prior to construction award. The engineering and scientific expertise required to facilitate the permitting process was best served by having the engineers undertake this effort prior to bidding. This would provide potential bidders with a complete understanding of the requirements of the dewatering permits. The upfront effort associated with obtaining this permit, prior to the award of contracts, provides additional flexibility during the construction phase of the projects. It also allows the City to limit potential change orders resulting from complications with dewatering and further limits the potential for delay claims from the contractor associated with the time required to complete the environmental assessments; develop methodologies, plans, specifications; and procurement of the DERM Dewatering Permit and SFWMD Water Use Permit, which are required for the project. The support documents, plans and specifications required for securing the dewatering permits were completed by the Consultant and provided to the Contractor with a schedule of dewatering options that would be permitted by the governing agencies, subject to the site conditions f and during construction. The Consultant was instrumental in negotiating project specific water quality and quantity requirements with DERM and in providing alternative dewatering strategies that would appease the department. The due diligence services conducted by the Consultant hav resulted in the securing of DERM Dewatering Permits. Additional permitting services required to secure the new permits or re- permit each of the four (4) independent construction packages and along the assessment, analysis, development f plans and specifications, and permitting associated with obtaining Dewatering Permits from th governing agencies are included as part of Amendment No. 20. A summary of the additional per itting tasks for all packages follows: • Provide additional permitting assistance to respond to regulatory agency comment for all four (4) construction packages and to incorporate modifications associated with regulat ry changes that occurred since the original applications were filed. • Prepare an environmental site assessment proposal, suitable for review by th governing agencies, outlining the scope of environmental assessments requested by the governing agencies as part of their review and approval of environmental permits for each c nstruction package. • Evaluate the feasibility of alternate dewatering discharge disposal methods to be sed during construction of each package; provide details and descriptions for each dewaterin discharge method deemed feasible by the governing agencies; develop a dewatering site pI n for each construction package; and submit to the governing agencies for approval. • Perform a hydraulic assessment of the proposed dewatering methods, to be propos d for each construction package, to determine the potential limits of groundwater drawdo n at each location and superimpose these limits and horizontal limits of contamination as ide tified in the Phase I and II Environmental Assessment Studies (provided by others). This ewatering influence area map was required by the governing agencies. • Prepare plans, procedures and bidding requirements for methods to be used t treat and dispose of any potential contaminated groundwater from contaminated sites. • Prepare dewatering plans for each package to be submitted to the governing agencies for review in advance of each bidding package. • Prepare estimated construction costs for the alternate dewatering methods to be utilized on each of the construction packages. Amendment No. 20, provides for the reallocation of the funds from construction admi istration to bidding and award services for the Bayshore Neighborhood No. 8A, 8B, 8C, and 8D p ckages for the previously described services associated with additional bidding and award service , as well as additional plan modifications and submittals necessary to expedite and meet permitting requirements. At this time, the scope of services for bidding and award are currently un erway and Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 7 of 9 the scope of services for additional permitting are complete for Bayshore Neighborhoo•; Packages 8A, 8B, and 8C. The bidding and award services and additional permitting services f.r Bayshore Neighborhood Package 8D have not yet begun. Due to the re- packaging of the project, the Construction Administration services included as part of the original Agreement do no reflect the level of effort required for each individual package. Therefore, the current C•nstruction Administration budget remains underfunded, regardless of the roposed budget transf -r. Funding P g 9 for the Construction Administration services required for each package shall be addressed separately via a Contract amendment, if required. The proposed reallocation of $340,069.99, from Construction Administration to Bidding and Award Services for the Right -of -Way Infrastructure Improvements Program for Neighborh•od No. 8 Bayshore and Sunset Islands. Amendment No. 20 (see Attachment B) will not increase he original Bid and Award and Construction Administration total contract value of $430,665.00. Refer to Table 1 below for reallocation details. TABLE 1 — CH2M HILL AMENDMENT NO. 20 ADDITIONAL SERVICES BREAKDOWN Revised Original Additional Bid and Bid and Bid and Additional Award Package Award Award Permitting (1) A $14,806.00 $85,601.84 $58,990.00 $159,397.84 — I B $14,806.00 $79,705.06 $41,011.00 $135,522.06 C $14,806.00 $23,495.13 $16,254.00 $54,555.13 D _ $14,806.00 $15,390.96 $19,622.00 $49,818.96 Total $59,224.00 $204,192.99 $135,877.00 $399,293.99 (1) Includes additional permitting B. AMENDMENT NO. 21 The Invitation to Bid (1TB) No. 02 -09/10 for the City of Miami Beach Right -of -Way Infrastructure Improvement Program, Bayshore Neighborhood 8B: Lower North Bay Road project Opened on November 9, 2010. ITB No. 18 -09/10 for the Bayshore Neighborhoods 8A and 8C: Central Bayshore and Lake Pancoast projects opened on November 10, 2010. Following the bid opehings, two separate Technical Review Panels (TRPs), as well as the Consultant's support staff, convened to review, evaluate and rank the bids submitted for the Projects. The TRPs also conducted] interviews of the Contractors' key personnel. At the conclusion of the interviews, the TRPs unanimously recommended Trans Florida Development Corporation as the lowest and best bidder for the Bayshore Neighborhood No. 8B project, and Lanzo Construction for the Bayshore Neighborhoods No. 8A and 8C projects. On December 8, 2010, the Mayor and City Commission awarded the Bayshore Neighborhood No. 8B Right -of -Way Infrastructure Improvements project to Tr ns Florida Development Corporation and on January 19, 2011 awarded the Bayshore Neighborhood No. 8A and 8C Right -of -Way Infrastructure Improvements projects to Lanzo Construction. The ayor and City Commission authorized the Administration to engage in value engineering on all rojects to reduce the cost and completion time of the project and awarded the contracts. As art of the Commission approval and award of contracts they made the recommendation that the Public Works I Department review the design to verify that an acceptable of service was incorporated it the storm water drainage plans. The City's Public Works Department finalized their storm water level of service review for the I Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 8 of 9 Bayshore Neighborhood 8B project on February 17, 2011 and provided a list of com ents to be incorporated by the Consultant. These level of service review comments and requested modifications generally included removal of proposed tideflex valves, modification of atch basin spacing, upsizing of existing outfalls, and incorporation of stormwater elements to alleviate sidewalk flooding. The City has recognized that some of the requested design modification were not considered in the original design by the Consultant because the design was conductled under a different regulatory framework. Since a level of service review after the bidding and award phase of the project was not part of the Consultant's original scope of services, the Consultant is requesting additional service , as part of Amendment No. 21 (see Attachment B) to incorporate the requested design modific tions. The Consultant's original contract scope of services also excluded value engineering service which are required to begin value engineering discussions. Therefore, the Consultant is also requesting additional services to participate in value engineering discussions with the Contractor and provide recommendations of the proposed options to the City with respect to their conformance with the contract documents and the design intent. Any design changes impacted by the value engineering discussions will be presente to the City Commission as an additional service for approval. These design changes, if any, shall b completed along with the design modifications approved by this amendment and re- permitted together. The Capital Improvements Project Office estimates that all design modifications /changes and associated re- permitting shall be completed within 3 -4 months, with construction projected to begin in the 3 quarter of 2011. In order to meet the proposed schedule, the City will proceed by executing the construction contracts with the selected Contractors for the Bayshore Neighborhoods 8A, 8B, and 8C projects; issuing the first notice -to- proceed (NTP) once the value engineering discussions have been completed; and issuing the second NTP two (2) months following the issuance of the first NTP. Any savings resulting from the value engineering discussions and implementation shall be handled as a deductive change order to the construction contract. In addition to the value engineering analysis, design modification, and re- permitting s rvices, the City has requested that CH2M Hill provide plans and permitting services to procure the ERM Tree Removal Permit for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, C, and 8D projects as these services were not a part of the original scope of services of the C nsultant. A DERM Tree Removal Permit will be required to remove and /or relocate existing trees tha have been identified as encroachments primarily due to conflicts with proposed stormwa er related improvements. In addition, expanded services are required to participate in value ngineering analysis as well as provide design modifications and associated re- permitting services to ncorporate the level of service review comments requested by the City Commission during a and of the construction contracts for the Bayshore Neighborhoods No. 8A, 8B, and 8C projects. CONCLUSION: It is recommended that two (2) individual Resolutions of the Mayor and City Commission of the City of Miami Beach, Florida, be authorized by the Mayor and City Clerk to execute Amendments No. 20 and 21 to the professional services agreement between the City of Miami Beach, Florida, and CH2M Hill for the Professional Landscape Architectural and Engineering Services for the Right -of -Way Infrastructure Improvements Program for Neighborhood No. 8 Bayshore and Sunset Islands, dated May 16, 2001 (the Agreement), to reallocate funds in the amount of $340,069.99, from construction administration to bidding and award services, for the Bayshore Neighborhoods No. 8A, 8B, 8C, and 8D packages; to provide additional design documents and permitting services to procure the DERM Tree Removal Permits for the Bayshore Neighborhoods No. 8A, 8B, 8C, and 8D packages; to participate in value engineering; and to provide design modifications and associated re- permitting Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 9 of 9 services to incorporate the level of service review comments for the Bayshore Neighb•rhoods No. 8A, 8B, and 8C packages, fora negotiated not -to- exceed amount of $135,112.97 and 463,605.00 for reimbursable expenses; with previously appropriated funding in the amount of $113,297.18; appropriating $85,420.79 from Fund 429, Stormwater Projects Line of Credit, with such funds to be repaid from proposed future stormwater bonds. Attachments: Attachment A - Executed Amendments Attachment B - Amendments No. 20 and 21 JMG /DB /FV T:\AGENDA■2011 \4 -13 -11 \Bayshore - CH2MHill Amendment No. 20 and 211Bayshore - CH2MHill Amendments No. 20 and 21 - MEMO.doc ATTACHMENT A EXECUTED AMENDMENTS On December 10, 2003, the Mayor and City Commission adopted Resolution No. 2 03- 25432, approving additional design services as Amendment No. 1 to the Agreement, for planni g, design, permitting, bidding / award, and construction administrative services for the Bayshore and Sunset Island neighborhoods in the not -to- exceed amount of $1,913,302; and resulting in a revised contract fee of $2,046,476. On February 24, 2005, Amendment No. 2 to the Agreement was administratively executed, to re- package Sunset Islands 1 and 2 from Bid Package 8D to Bid Package 8B at no additional cost, resulting in no change to contract. On November 8, 2005, Amendment No. 3 to the Agreement was administratively executel to include the completion of a topographic survey along Pine Tree Drive, from West 28 to West 40 Streets, along the east side of the road, in the not -to- exceed amount of $12,850; resulting irh a revised contract fee of $2,059,326. On February 17, 2006, Amendment No. 4 to the Agreement was administratively executed to include the evaluation, permitting and preparation of construction cost alternatives for the installation of curb /valley gutters to Sunset Islands 1 and 2, in the not -to- exceed amount of $2,500; resulting in a revised contract fee of $2,061,826. On February 16, 2006, Amendment No. 5 to the Agreement was executed to include the installation of four (4) drainage test wells to provide additional information for the preparation of a Letter of Reasonable Assurance to be submitted to the Florida Department of Environmental Protection (FDEP), as required in the permit application for the Project, in the not -to- exceed amount of $55,863; resulting in a revised contract fee of $2,117,689. On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006- 26283, approving Amendment No. 6 to the Agreement for the design of "P3.2" classified l main replacements required by the City's Public Works Department, in the not -to- exceed amount of $372,230; resulting in a revised contract fee of $2,489,919. On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006 - 26283, approving Amendment No. 7 to the Agreement for the design of bike lanes /routes required by the City's Public Works Department, in the not to exceed amount of $58,128; resulting i" a revised contract fee of $2,548,047. On September 9, 2006, Amendment No. 8 to the Agreement was administratively executed to include the design of alternative parking in the Lake Pancoast area, in the not -to- exceed amount of $24,900; resulting in a revised contract fee of $2,572,947. On September 9, 2006, Amendment No. 9 to the Agreement was administratively xecuted to include the design of road edge treatment to Sunset Islands 1 and 2, in the not -to -excee amount of $3,200; resulting in a revised contract fee of $2,576,147. • On September 9, 2006, Amendment No. 10 to the Agreement was administratively executed to include the design of resident requested modifications in the Lake Pancoast area; in the not -to- exceed amount of $8,680; resulting in a revised contract fee of $2,548,827. On August 6, 2007, Amendment No. 11 to the Agreement was administratively executed for an additional thirty seven (37) soil borings in Sunset Island No. 1 to verify underground utility services and potential conflicts, in the not to exceed amount of $10,400; resulting in a revised contract fee of $2,595,227. On April 11, 2007, the Mayor and City Commission adopted Resolution No. 2007 - 26504, approving Amendment No. 12 to the Agreement for additional services regarding verification of additional underground utilities to avoid conflicts in 103 boring sites along North Bay Road between Sunset 9 9 9 Y Drive and Alton Road, in the not to exceed amount of $27,500; and 334 boring sites for Bid Package 8A — Central Bayshore, in the not to exceed amount of $94,675; and to perform a traffic study at the intersection of West 28 Street and Prairie Avenue, in the not to exceed amount of $20,780; all resulting in a revised contract fee of $2,738,182. On December 7 2 n 2007, Amendment No. 15 to the Agreement was administratively executed for 9 Y additional services to prepare a re- application package for the Historic Preservation Board for the Lake Pancoast Bid Package, in the not to exceed amount of $2,145; resulting in a revised contract fee of $2,777,886. On December 7, 2007, Amendment No. 16 to the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at a meeting with residents discussing options for the intersection of 28 Street and Prairie Avenue, in the not to exceed amount of $2,947; resulting in a revised contract fee of $2,780,833. On December 20, 2007, Amendment No. 13 to the Agreement was administratively executed for additional services to expand the traffic study of alternative design concepts for the 28 Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to exceed amount of $22,156; resulting in a revised contract fee of $2,760,338; and On December 20, 2007, Amendment No. 14 to the Agreement was administratively executed for additional services to implement miscellaneous design revisions to bike lanes, traffic tables, crosswalks, the 28 Street and Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403; resulting in a revised contract fee of $2,775,741. On January 6, 2009, Amendment No. 17 to the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at various Board and civic meetings discussing options on Sunset Islands No. I and II. This amendment was approved in the not to exceed amount of $15,344; resulting in a revised contract fee of $2,796,177. On January 6, 2009, Amendment No. 18 to the Agreement was administratively executed for additional services for design services necessary for the preparation of a technical memorandum evaluating the use of exfiltration trenches in lieu of a stormwater pump station in Lake Pancoast, in the not to exceed amount of $15,196; resulting in a revised contract fee of $2,811,373; and On October 14, 2009, the Mayor and City Commission adopted Resolution No. 2009 - 27223, approving Amendment No. 19 to the Agreement which provided for additional design scope on Sunset Islands No. 3 and 4; that included preparation of a technical memorandum which investigated the existing stormwater system, proposed improvements required to meet a 5 -year, 1- day level of service, and presented them in a schematic plan; that relocated water meters in rear easements to the right -of -way; that added valley gutters, catch basins, replacement/upsizing of outfalls, tideflex valves, and stormwater quality improvements; that coordinated the undergrounding of electric, cable, and phone services; that coordinated new gas service; and that updated the existing condition sheets; in the not -to- exceed amount of $108,000; resulting in a revised contract fee of $2,919,373. ATTACHMENT B AMENDMENTS NO. 20 AND 21