Amendment No. 26 with CH2MHILL, Inc. aoo/— 011!387
AMENDMENT NO. 26
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING (NE) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CH2MHILL, INC.
DATED AUGUST 28, 2015
FOR THE
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 8
BAYSHORE AND SUNSET ISLANDS.
This Amendment No. 26 to the above referenced Agreement is made and entered this 7 day
of OL`Thp,t , 2015, by and between the CITY OF MIAMI BEACH, a municipal corporation
existing under the laws of the State of Florida, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as the City), and CH2MHill,
Inc. a Florida corporation, having its principal office at 800 Fairway Drive, Suite 350, Deerfield
Beach, Florida, 33441 (hereinafter referred to as the Consultant).
RECITALS:
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 'various
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 28th to West 40th 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 28th Street and Prairie
Avenue, in the not to exceed amount of $20,780, for a total amount of $142,955; all resulting in
a revised contract fee of$2,738,182; 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 28th 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 28th 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 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 28th Street
and Prairie Avenue, in the not to exceed amount of $2,947; resulting in a revised contract fee of
$2,780,833; 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 II, 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; and
WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution
number 2011-27644, approving Amendment No. 20, to reallocate funds from construction
administration to bidding and award services for the Bayshore and Sunset Island
Neighborhoods No. 8A, 8B, 8C, and 8D packages for additional services associated with the
extended bidding and award phase, in the amount 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, for a total bidding and award services budget of $399,293.99, and decreasing the
total construction administration budget from $371,441 to $31,371.01; and
WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution
number 2011-27644, approving Amendment No. 21, to the Agreement which provided
additional services for design documents and permitting services to procure the DERM Tree
Removal Permits for the Bayshore Neighborhood No. 8 and Sunset Island Projects, to
participate in value engineering, for design modifications and associated re-permitting services
to incorporate the level of service review comments, for a total not-to-exceed amount of
$198,717.97; resulting in a revised contract fee of$3,118,090.97; and
WHEREAS, on July 13, 2011, the Mayor and City Commission adopted Resolution
number 2011-27683, approving Amendment No. 22 to the Agreement approving additional
Construction Administration services, for a period of twenty-six (26) months for the Bayshore
Neighborhoods No. 8A, and 8C, Packages in the amount of $640,586, and $59,414, for
reimbursables, for a grand total not-to-exceed amount of $700,000; resulting in a revised
contract fee of$3,818,090.97; and
WHEREAS, on July 18, 2012, the Mayor and City Commission adopted Resolution
number 2012-27972, approving Amendment No. 23 to the Agreement approving additional
design changes to the Basis of Design Report for Neighborhood No. 8 Bayshore/Sunset Islands
(BODR), as requested by the Central Bayshore Homeowner Association, as well as additional
stormwater upgrades to the area known as Zone 4 for the Neighborhood No. 8A Packages, in
the amount of $200,401, and $7,440, for reimbursables, for a grand total not-to-exceed amount
of$207,841; resulting in a revised contract fee of$4,025,931.97; and
WHEREAS, October 17, 2012, the Acting City Manager executed Amendment No. 24, to
provide additional hydrant spacing drawings in a not-to-exceed amount of $12,948, and $1,040
for reimbursable, design services for replacement of the outfall off Lake Pancoast Drive and
separate fire for a total not-to-exceed amount of $13,988; resulting in a revised contract fee of
$4,039,919.97; and
WHEREAS, on July 17, 2013, the Mayor and City Commission adopted Resolution
number 2013-28250, approving Amendment No. 25 to the Agreement approving additional
Contract Administration Services for the Bayshore Neighborhood No. 8A — Central Bayshore
right of way project in the negotiated, not to exceed amount of $443,861, and an additional
amount of $5,000 for reimbursable expenses, for a total amount of $448,861; resulting in a
revised contract fee of$4,488,780.97; and
WHEREAS, this Amendment No. 26 to the Agreement includes additional Contract
Administration Services, Engineering, Permitting Support, Final Inspections, Punchlist and
Closeout Documentation for the Bayshore Neighborhood No. 8A and 8C — Central Bayshore
and Lake Pancoast right of way project in the negotiated, not to exceed amount of$39,500.
WHEREAS, this Amendment No. 26 to the Agreement also includes a credit in the
amount of $500,533.95 for work not performed; $347,155.14, for the Bayshore Package B and
$153,378.81 for the Bayshore Package D, reconciling the Contract for Professional Services
with CH2M-Hill for the Neighborhood No. 8 — Bayshore and Sunset Islands Project, Packages
A, B, C and D.
WHEREAS, the total net amount for Amendment No. 26 will be a credit of $461,033.95,
resulting in a total Final Contract amount of$4,027,747.02.
r-
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 26.
2. MODIFICATIONS
The Agreement is hereby amended to include additional Contract Administration
Services, Engineering, Permitting Support, Final Inspections, Punchlist and Closeout
Documentation for the Bayshore,Neighborhood No. 8A and 8C — Central Bayshore and
Lake Pancoast right of way project in the negotiated, not to exceed amount of$39,500.
The Final Contract Amount is hereby amended to reflect $4,027,747.02.
3. OTHER PROVISIONS
All other provisions of the Agreement remain unchanged.
4. RATIFICATION
The City and Consultant ratify the terms of the Agreement, as per this Amendment No.
26.
WITNESS WHEREOF, the parties hereto have caused this Amendment No. 26, to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: / CI OF MIA BEACH
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Rafael E. Gr:nado Cit Cle ��•• `� L. '0-ales, Mayor
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Print Name `rint Name M eA,ti R Ly pl(e Z
APPROVED AS TO
FORM & LANGUAGE
& FOR XECUTION
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City Attorney Date