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C7R-REDUCED9OPTIMCOMMISSION 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. 8B, A resolution of the Mayor and City Commission of the City of Miami Mayor and City to execute Amendment No. 21 to the professional of Miami Florida, and CH2M Hill the Architectural and for the Right-of-Way Improvements Program for Neighborh00d No.8 Islands, May 16, 2001, to provide additional and permitting services to procure DERM Tree Removal Permits for Bayshore Island Neighborhoods No. 8A, 8C, and 8D projects, to participate in engineering, provide 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 $1 12.97, 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 re aid from ro osed future stormwater bonds. IRecommendation: ",""'t!lt!l,"'t!l''It between the CH2MHiII consisted of a requiring one set of construction documents, permitting, biddingl and construction administration services for only one package. The City required CH2MHiII to re-package project into four packages (Central Bayshore, Lower North Bay Road, Lake Pancoast, and Sunset Islands 3 & 4). Additional effort by CH2MHiII was needed to convert the original set into four independent sets of construction documents which required plan modifications and permit resubmittals. The creation the independent bid packages increased the level of effort for bidl 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 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 fully permitted, thus requiring additional services for additional bidding award phase services by CH2MHili. The purpose of Amendment No. 20, is to reallocate funds from the construction administration to bidding and award for the Neighborhoods No. 8A, 8B, and 8D packages to provide additional services with the bidding and award phase to additional amount of $144,591 $120,716.06, $39,749.13, $35,012.96, respectively, for a total contract realloc:ati()n $340,069.99; the total bidding award services from $59,224 to $399,293.99, total construction administration from $371,441 to $31,371.01. On December 8,2010, the Mayor and City Commission awarded 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. BAl8C Right-of-Way Infrastructure Improvements project to Lanzo Construction. The contracts were awarded subject to a 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 Ci has re uested that CH2M Hill rocure the DERM MIAMIBEACH 307 AGENDA ITEM DATE c7R '1-13-11 Tree Removal Permit for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, 8C, and 80 projects as these services were not a part of the original scope of of the Consultant. A OERM Removal Permit will be required, prior to construction of each project, to remove and/or relocate existing trees that have been as encroachments primarily to conflicts with proposed storm water related .IllTliOn,ri"",ont No. 21 approves additional design and permitting services to procure the Bayshore and Island Neighborhoods No. 8A, 8C. and 80 ",rt"l,io,-.tc. in value engineering and provide aSE;OCllateid ",,,,,rH,,..,:>., to level service review 1""""'''''''' an additional amount of $63,605.00 for [0-E~XCjged amount $1 7.97. Financial Information: Source of i Amount Account Approved Funds: 1 $50,287.98 302-2205-069357 2 $44,825.34 429-2205-061357 I 3 $6,230.36 376-2326-061357 4 $2.663.24 384-2326-061357 5 $9,481.10 384-2326-069357 C~ 6 $27,547.97 428-2326-061357 7 $17,086.53 ~RA.·?~~5-069357 8 $14,941.93 429-2325-069351 J 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. 308 MIA IB City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of t City Commission FROM: Jorge M. Gonzalez, City Manager DATE: April 1 2011 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK EXECUTE AMENDMENT NO. 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 AN D ENGINEERING SERVICES FOR 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 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 THE CITY COMMISSION, FOR A NOT-TO-EXCEED AMOUNT OF $135,112.97, AND $63,605.00, FOR REIMBURSABLE 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 REPAID FROM PROPOSED FUTURE STORMWATER BONDS. 309 Bayshore CH2M Hill Amendments No. 20 and 21 April 2011 Page 2 of9 FUNDING Amendment No. 21 Funding in the amount of $113,297.18 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 repaid from proposed future stormwater bonds as follows: $50,287.98 $95,113.32 $ 6,230.36 $ 2,663.24 $ 9,481.10 Pay-As-You-Go account # 302-2205-069357 Stormwater Projects Line of Credit account # 429-2205-061357(1) Total (BP. 8A) 2003 G.O. Bond Neighborhood account # 376-2326-061 2003 G.O. Bond Neighborhood account # 384-2326-061357 2003 G.O. Bond Neighborhood account # 384-2326-069357 Stormwater Bonds 2000 account # 428-2326-061 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 (1) $32,028.46 Total (BP-8C) $ 6,200.00 ~19,453.52 $25,653.52 Stormwater Projects Line of Credit account # 429-2318-061357(1) Stormwater Line of Credit account # 429-2318-069357(1) Total (BP. 80) Grand Total: $198,717.97 (1) Previously programmed in Budget to repaid from future Stormwater r.;;!1'\'-".,!", The intent of this resolution is to provide adequate and clear direction in order to properly the CH2MHili contract In this memorandum we will explain, in detail, the purpose of Amendments No. 20 and 21. In Amendment No. 20 City is requesting additional services related to the requested additional effort required by the Consultant to provide bidding award services for four (4) independent construction packages, in lieu of providing for only one (1) construction package as originally specified in their contract. This amendment requests additional services for the increased effort associated with obtaining the Miami-Dade Department of Environmental Resources Management (DERM) Dewatering Pen;nits for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, 8C and 8D projects. The intent is to reallocate from Construction Administration 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 which shall be addressed via separate amendment to the contract, if required. purpose of Amendment No. 21 is to approve additional services to provide design documents and permitting services to procure the DERM Tree Removal Permits for the Bayshore and Sunset 310 Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page30f9 Island Neighborhoods No. 8B, 8C, and 80 projects. A DERM Tree Removal Permit will be required to remove andlor relocate existing that have been identified as encroachments primarily to conflicts with proposed stormwater related improvements. In addition, are required to participate in value engineering analysis as well as provide design modifications associated re-permitting services to incorporate the level of review comments requested by City Commission during award of the construction contracts for the Bayshore Neighborhoods No. 8A, 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 CH2MHiII, Inc. (the "Consultant") for professional for the Right-of-Way (ROW) Infrastructure Improvements Program for Neighborhood No.8 -Bayshore and Islands project (the pursuant to for Qualifications No. 134-99/00. was negotiated for a not-te-exceed amount of $133,174 for detailed planning services various streetscape, landscape, and utility improvements creation of a of Report for Bayshore neighborhood, including all the Sunset Islands, Central Bayshore, Lower North Bay Road, and Pancoast. The scope of work was subsequently to include design for neighborhoods and further amended to assemble multiple bid packages. On April 9, 2003, the City Commission approved the Basis of DeSign Report (BOOR), completed and submitted by CH2MHili for the Neighborhood No.8 Bayshore 1 Sunset Islands Project. This BOOR was the CUlmination of a comprehensive planning effort that included input from and reviews by various City Departments, and the Design Board (ORB). Since the execution of the original Agreement, there have a total of nineteen (19) amendments which have been either approved by the City Commission or administratively approved. The previous amendments have resulted in a total contract value of $2,919,373. Amendments No. 20 and are concurrently being presented herein for approval by the Mayor and City Commission. A complete list of executed amendments and proposed amendments for this project is provided in Attachment A. The Central Bayshore Neighborhood 8A 8A) is located within mid area. The project limits includes, but is not limited to, the public right-ot-ways (ROWs) within all areas generally bounded the north by 40th west along Avenue; along Flamingo Drive; and south along West 28th Street. The Package 8A Scope is not limited to, demolition, site preparation, earthwork, storm paving and restoration, concrete sidewalks and valley gutters, water distribution, landscape up lighting, vegetation and planting, and irrigation. Lower North Road Neighborhood 8B Project (Package 8B) limits, in general are bounded by Sunset Drive, Alton Road, Biscayne Bay and Lake. The 8B Scope ot Work includes improvements to storm water collection and disposal system, including construction of four (4) and two storm pump stations, curb and gutter, improvements to the water distribution system, demolition, site preparation, earthwork, roadway reconstruction, roadway milling and sidewalk signage and pavement markings. 311 Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 4 0'9 Lake Neighborhood 8e Project (Package 8e) is located within the mid area. The project limits includes, but is not limited to the public rights-of-way (ROW) within all areas generally to the north by West 26th includes approximately 500 feet of Flamingo Drive to the north (of West 26th Street); to the west by Pine Tree Drive; to the south by West 24th to the by Pancoast l-'aiCKCiIQe BC Scope of Work includes, but is not limited to, demolition, preparation, earthwork, street resurfacing, sidewalk repair, planting strip restoration and enhanced landscaping, curb and gutter upgrades, entryway and enhanced signage, light upgrades, streetscape for traffic calming, Flamingo Drive water main replacement, and streetscape for improved on-street parking and is not included as part of these amendments. The Sunset Islands Neighborhood 80 Project (Package 80) is comprised of Sunset Islands III and IV. The BD of Work is anticipated to include improvements to the stormwater collection and disposal system, water main replacement, demolition, site preparation, earthwork, resurfacing, sidewalk landscaping, curb and gutter upgrades, entrywayfeatures and enhanced street signage, and street lighting upgrades. The Bayshore Bid 0 Project is currently 30% level of ru::",,,,.,n On November 25,2009, Invitation to Bid (ITB) No. 2-09/10 was issued and bids were received on February 2010 from Lanzo Construction of Florida, Metro Equipment Service, Inc., Southeastern Engineering Contractors, Inc., and Trans Florida Development Corporation. On December B, 2010, the Mayor and City Commission adopted Resolution No. 2010-27567, authorizing the award of a contract to Development Corporation, for the Right-of-Way' Infrastructure Improvement Program -Neighborhood No. B Lower North Bay Road (Package BB). On December 31,2009, Invitation to (lTB) No. 1B-09/1 0 was issued and bids were received from Construction, LLC, Lanzo Construction Co., Florida, and Southeastern Engineering Contractors, on November 10,2010. On January 20,2011, Mayor and City Commission adopted Resolution No. 2011-275B7, authorizing the award of a contractto Lanzo Construction Co., Florida, for the Right-of-Way Infrastructure Improvement Program -Neighborhood No. B- Bayshore (Package BA) and Lake Pancoast (Package BC). At both of these awards the City Commission directed City Manager to have the City Engineer conduct a peer review of the engineering plans to ensure that the proposed drainage system met required level of ANALYSIS A. AMENDMENT No. 20 original 2001 Agreement between the City and the ConSUltant outlined one (1) project, requiring one (1) construction documents, permitting bidding award services, and construction phase assistance for only one (1) bid package. As part the original Agreement City and Consultant, City a total and Award fee $59,224 and a total Construction Administration of ,441 Table 1, Page 7). During the design of the project the City Consultant to the project into four (4) distinct areas (Central Bayshore -Package BA, Lower North Bay Road -B, Lake 312 8ayshore CH2M Hili Amendments No. 20 and 21 April 13, 2011 50f9 Pancoast -Package C, and Sunset Islands 3 and 4 -Package D). Consequently, following the City's directive, additional effort was necessary to repackage the original set of permit plans into four (4) independent sets of construction documents. This required modifications to the plans as well as a resubmittal of the 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 including the preparation of additional plans 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 significant additional level of effort to repackage the independent sets of contract documents and to provide the additional design documents and environmental i::I~~.I::~~ associated with the permitting of the projects, staff authorized CH2MHiII to proceed with the work in order to able to advance the project through 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 additional funding for construction administration would need to be addressed separately. Amendment No. 20 (see Attachment B) is requesting the reallocation of from Construction Administration to Bidding and Award services to cover the increased time necessitated by the City's request to provide Bidding and Award for four independent construction packages. initial Bidding and Award was scheduled to provide Bidding and Award services for one (1) construction package. The replenishment of the Construction Administration _"",-,"r',;;,,;:, Task for this Consultant, if warranted, will be addressed via separate amendment to the Contract. During bidding and award phase of the Central Bayshore Package 8A, Lower North Bay Road Package 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 award of 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 e>""nJ'''''''' after award of the contract. 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 monitor and control the discharge of any ammonia- nitrogen water to Biscayne to a very low level of 0.1 mgt!. To obtain the DERM Class II ..... "".n"lI1' and a DERM Dewatering Permit for the Bayshore projects, City was required by DERM to provide environmental assessments in each neighborhood and provide details regarding the construction dewatering methodologies. Due to the time required to conduct the environmental 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 Dewatering Plans were completed and fully permitted by the respective governing agencies, the Central Bayshore, Lower North Bay Road, and Pancoast packages were bidding and award in October 201 necessitating additional 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, 313 Bayshore CH2M HilI Amendments No. 20 and 21 April 13, 2011 Page 6 0'9 the City determined that it would be in its interest to have the Consultant obtain these permits prior to construction award. engineering and scientific expertise required to facilitate the permitting process was best by having 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 with obtaining this permit, prior to award of contracts, provides additional flexibility during construction phase of the projects. It also allows the City to limit potential change resulting from complications with dewatering and further limits the potential delay claims from contractor associated with the time required to complete environmental 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 goveming agencies, subject to the site conditions ,found during construction. ConSUltant was instrumental in negotiating project specific water quality and quantity requirements with DERM and in providing altemative dewatering strategies that would aplpec:tse the department. due diligence services conducted by the Consultant have resulted in the securing of DERM Dewatering Permits. Additional permitting services required to secure the new permits or re-permit of the four (4) independent construction packages and along the assessment, analysis, development of plans and specifications, and permitting with obtaining Dewatering Permits from governing t:>nr'it:>'" are included as part of Amendment No. 20. A summary of the additional permitting for all packages follows: .. Provide additional permitting assistance to respond to regulatory agency comments for all four (4) construction packages and to incorporate modifications with regulatory changes that occurred since original applications were filed. 11\ Prepare an environmental proposal, suitable for review by the governing agencies, outlining the scope of environmental assessments requested by the governing agencies as part of their review and approval of environmental permits for construction package. .. Evaluate the feasibility of alternate dewatering discharge disposal methods to be used during construction of package; provide details and descriptions for each dewatering discharge method deemed feasible by the governing agencies; develop a dewatering site plan for each construction package; and submit to the governing agencies for approval. .. Perform a hydraulic proposed dewatering methods, to proposed for construction package, determine the potential limits of groundwater drawdown at each location and superimpose limits and horizontal limits of contamination as identified in the Phase I and II Environmental Assessment Studies (provided by others). This dewatering influence area map was required by governing !:i ..... =>nr·'t:>'" .. plans, and bidding requirements for methods to used to and dispose any potential contaminated groundwater from contaminated sites. .. Prepare dewatering plans for package to be submitted to the goveming agencies review in advance of bidding , .. Prepare construction costs for alternate dewatering be utilized on each the construction packages. Amendment No. 20, for the reallocation of the funds from construction administration to bidding and award services the Bayshore Neighborhood No. 8A, 88, BC, and 8D packages the previously described associated with additional bidding and award as well as additional plan modifications submittals expedite and meet permitting requirements. At this the scope of services for bidding and award are currently underway and 314 Sayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 70(9 the of services additional permitting are complete for Bayshore Neighborhood Packages BA, BC. The bidding and award services and additional permitting services for 8ayshore Neighborhood have not yet to the re-packaging of the project, the Construction Administration included as part of the original Agreement do not reflect the level of effort required for each individual package. Therefore, the current Construction Administration underfunded, regardless of budget Funding for the Construction Administration services required for package be addressed via a Contract amendment, if proposed reallocation of $340,069.99, from Construction Administration to Bidding and Services the Right-of-Way Infrastructure Improvements Program for Neighborhood No. B Bayshore and Sunset Islands. Amendment No. 20 Attachment B) will not increase original Bid and Award and Construction Administration total contract value of $430,665.00. Refer to Table 1 below for reallocation details. 1 -CH2M HILL AMENDMENT NO. 20 ADDITIONAL SERVICES BREAKDOWN Revised Bid and Additional Award 1 B $135,522.06 C $54,555.13 (1) Includes additional permitting $49,818.96 $399,293.99 I AMENDMENT NO. 21 Invitation to Bid (lTB) No. 02-09/10 for the City of Miami Beach Right-of-Way Infrastructure Improvement Program, Bayshore Neighborhood BB: Lower North Bay Road project opened on November 9,2010. ITB No. 1B-09/10 for the Bayshore Neighborhoods BA and BC: Central Bayshore and Pancoast projects opened on November 10, O. Following the bid openings, two <::&::>f"l!:lr,!:It&::> Technical Review Panels (TRPs). as well as the Consultant's support staff, convened to review, evaluate and rank bids submitted the Projects. TRPs also conducted interviews of the Contractors' key personnel. At the conclusion of the interviews, the unanimously recommended Florida Development Corporation as the lowest and best bidder for the Bayshore Neighborhood No. BB project, and Construction the Bayshore Neighborhoods . No. BA and BC projects. On 2010, the Mayor and City Commission awarded Bayshore Neighborhood No. BB Right-of-Way Infrastructure Improvements project to Florida Development Corporation and on January 19, 2011 awarded the Bayshore Neighborhoods No. BA BC Right-of-Way Infrastructure Improvements to Construction. The Mayor City Commission authorized the Administration to engage in value engineering on projects to the and completion time of the and awarded contracts. of Commission approval and award of contracts they made the recommendation that the Public Works Department the to verify that an acceptable of was incorporated in the storm water drainage plans. The City's Works Department finalized their storm water level of service review for the 315 Bayshore CH2M Hill Amendments No. 20 and 21 April 13, 2011 Page 80f9 """"nl"\l'''' Neighborhood project on February 1 2011 and provided a of comments to be incorporated by the Consultant. These level service review comments and modifications generally included removal of proposed tideflex valves, modification of spacing, upsizing of existing outfalls, and incorporation of storm water elements to alleviate sidewalk flooding. The has recognized that some the design modifications were considered in the original design by the Consultant because the design was conducted under a different regulatory framework. Since a level of service review after the bidding and award of the project was not a part of the Consultant's original scope of the Consultant is requesting additional services, as part of Amendment No. 21 Attachment B) to incorporate the requested design modifications. The Consultant's original contract scope of services excluded value engineering services which are required to begin value engineering discussions. Therefore, the Consultant is also requesting additional to participate in value engineering discussions with the Contractor provide recommendations of the proposed options to the City with respect to their conformance with documents the Any design impacted by the value engineering will to City Commission as an additional service for approval. These design changes, if any, shall be completed along with the modifications approved by this amendment and re-permitted Capital Improvements Project Office estimates that all design modifications/changes and associated re-permitting shall be completed within months, with construction projected to begin in the 3rd quarter of 2011. In order to meet the proposed the City will proceed by executing the construction contracts with the Contractors for the Bayshore Neighborhoods 8A, 8B, and projects; issuing the first notice-to-proceed (NTP) once value engineering discussions have completed; and issuing the second NTP two (2) months following issuance of the first Any savings resulting from the value engineering discussions and implementation shall handled as a deductive change order to the construction contract. In addition to the value engineering analysis, design modification, and re-permitting the City has requested that CH2M Hill provide and permitting to procure the DERM Removal Permit for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, 8C, and 80 projects as these services were not a part of original scope of services of the ConSUltant. A OERM Tree Removal will be required to remove and/or relocate existing that have been identified as encroachments primarily to conflicts with stormwater related improvements. In addition, expanded services are required to participate in value engineering analysis as well as provide design modifications re-permitting incorporate the level of service review comments requested by the City Commission during award of the construction for the Neighborhoods No. 8B, 8C projects. CONCLUSION: It is recommended that two (2) individual of the Mayor City of City of Miami Florida, be authorized by the Mayor and City Clerk to execute Amendm~nts No. and to the City of Miami Florida, CH2M Hill for the Professional Landscape Architectural and Engineering Services for the Right-of-Way Infrastructure Improvements Program for Neighborhood NO.8 Bayshore Islands, dated May 16, 2001 (the Agreement), to reallocate funds in the amount of $340,069.99, from construction administration to bidding and award for Bayshore Neighborhoods No. 8A, 8B, 8C, and 80 to provide additional design documents and permitting services to procure the OERM Tree Permits for Bayshore Neighborhoods No. 8A, 8B, and 80 packages; to participate in value engineering; and to provide design modifications and associated re-permitting 316 8ayshore CH2M Hill Amendments No. 20 and 21 Apr/I 13, 2011 Page 9 of9 to incorporate the level of review comments for the Neighborhoods No. 8A, 88, and 8C packages, for a negotiated not-to-exceed amount of $1 112.97 $63,605.00 for reimbursable with previously appropriated funding in the amount of $113,297.1 appropriating $85,420.79 from Fund 429, Stormwater Projects of Credit, with such funds to be from proposed stormwater bonds. Attachments: Attachment A -Executed Amendments Attachment B -Amendments No. 20 21 JMG/OB/FV T:IAGENDA\201114-13-11IBayshore CH2MHili Amendment No. 20 and 21\Bayshore CH2MHiiI Amendments No. 20 and 21 MEMO.doc 317 RESOLUTION NO. 2011-__ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK EXECUTE AMENDMENT NO. 20 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND CH2M FOR THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR RIGHT -OF- WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM FOR NEIGHBORHOOD NO. a BAYSHORE AND SUNSET ISLANDS, DATED MAY 16, 2001, REALLOCATING FUNDS IN THE AMOLINT OF $340,069.99, FROM CONSTRUCTION ADMINISTRATION TO BIDDING AND AWARD SERVICES FOR BAYSHORE NEIGHBORHOODS NO. aA, 8B, 8C, AND 80 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 various streetscape, landscape, utility improvements within the Bayshore and Sunset Island neighborhoods; and and WHEREAS, the planning effort for the Bayshore and Sunset Island neighborhoods been completed and detail design activities are underway; WHEREAS, the Agreement was executed in the not-to-exceed amount of $133,174; WHEREAS, on December 10, 2003, the Mayor and City Commission aOC)lJIt:lO Resolution No. 2003-25432, approving additional design services as Amendment No.1 to the Agreement, planning, design, permitting, bidding 1 award, and construction administrative services for the Bayshore Sunset Island neighborhoods in the not-to- exceed amount of $1 ,913,302; and resulting in a revised contract 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 Package to Bid Package 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 Drive, from West 28th to West 40 th along east side of 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 include the evaluation, permitting and preparation of construction cost alternatives for the installation of curblvalley gutters to Sunset Islands 1 318 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 not-to-exceed amount of $55,863; resulting in a revised contract fee of $2,117,689; and WHEREAS, on September 2006, the Mayor and City Commission adopted Resolution No. 2006-26283, approving Amendment No.6 to the Agreement for design of "P3.2" classified water main replacements required by the City's Public Works Department, in not-to-exceed amount of $372,230; resulting in a revised contract 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 lanes/routes required by the City's Public Works Department, in the not to exceed amount of 28; resulting a revised contract of $2,548,047; and WHEREAS, on September 9, 2006, Amendment No. 8 to the Agreement was administratively executed to include design of alternative parking in the Lake Pancoast area, in not-to-exceed amount of $24,900; resulting in a contract 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 in the amount of $3,200; resulting in a revised contract of $2,576,1 and WHEREAS, on September 9, 2006, Amendment No. 10 to the Agreement was administratively executed to include the of requested modifications in the Lake Pancoast area; in the not-to-exceed amount of $8,680; resulting in a revised contract fee of and WHEREAS, on August 6, 2007, Amendment No. 11 to Agreement was administratively executed for an additional thirty seven (37) soil borings in Sunset Island No. 1 to verify underground utility and potential conflicts, in not to amount of $10,400; resulting in a revised contract fee of $2,595,227; and WHEREAS, on April 11 , 2007, Mayor 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 Drive and Alton Road, in the not to exceed amount of $27,500; and 334 boring for Package 8A -Central Bayshore, in the not to exceed amount of $94,675; and to perfonn a traffic study at the intersection of West Street and Prairie Avenue, in not to amount of $20,780; all resulting in a revised contract of $2,738,1 and 319 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 Board for the Lake Pancoast Bid Package, in the not to amount of $2,145; resulting in a revised contract of $2,777,886; and WHEREAS, on December 7, 2007, Amendment No. 16 to Agreement was administratively executed for additional services for design services, preparation materials, and at a meeting with discussing options for the intersection of 28 th Street and Prairie Avenue, in the not to exceed amount of $2,947; resulting in a revised contract of $2,780,833; and WHEREAS, on December 20,2007, Amendment No. 13 to the Agreement was administratively for additional to expand the traffic study of alternative design concepts for the 28 th Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to amount of $22,1 resulting in a revised contract of $2,760,338; and WHEREAS, on December 20,2007, Amendment No. 14 to Agreement was administratively executed for additional services to implement miscellaneous design to bike traffic tables, crosswalks, the 28 th and Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403; resulting in a revised contract of $2,775,741; and WHEREAS, on January 6, 2009, Amendment No. 17 to the Agreement was administratively executed for additional services for design preparation of materials, and attendance at various Board and civic meetings discussing options on Sunset Islands No. I and II, in the not to amount of 5,344; resulting in a revised contract 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 $1 96; resulting in a contract fee of $2,811 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 that included preparation of a technical memorandum which investigated the existing stormwater system, proposed improvements required to a 5-year, 1 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, replacementlupsizing of outfails, tideflex valves, stormwater quality improvements; that coordinated the undergrounding electric, cable, and phone that coordinated new and that updated the condition sheets; in the not-to-exceed amount $108,000; resulting in a revised contract fee of $2,919,373. WHEREAS, the following Amendment No. 20, funds from construction administration bidding and services for Bayshore Neighborhoods No. 8A, 8C, and 8D packages for additional services associated with the extended bidding and award to additional permitting requirements, in the amount $144,591.84, 320 $120,716.06, 13, $35,012.96, respectively, for a total reallocation of $340,069.99; increasing the bidding and award services budget for Neighborhoods No. 8A, 8C, and 80 from $14,806 to $159,397.84, $14,806 to $135,522.06, $14,806 to $54,555.1 and 4,806 to $49,818.96, respectively, for a total bidding and award services budget of $399,293.99, and the construction administration budget from $371,441 to $31,371.01. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Mayor and City Commission and authorize Mayor and City Clerk Amendment No. 20 to professional services agreement between the City of Miami Beach, Florida, and CH2M Hill for Professional Architectural for the Right-of-Way Infrastructure Improvements Program Neighborhood No.8 Bayshore and Sunset dated May 16, 2001, reallocating funds in amount of $340,069.99, from Construction Administration to Bidding and Award services the Bayshore NeighborhoodS No. 8A, 8B, 8C, and 8D packages. PASSED AND ADOPTED this __ day of _____ ,. 2011. ATTEST: ROBERT &. PARCHER, CITY CLERK MATTI HERRERA BOWER, MAYOR T:\AGENDAI2011\4-13-11\Bayshore -CH2MHili Amendment No. 20 and 21\Bayshore CH2MHili Amendments No. 20 - RESD.doc 321 APPROVED AS TO FORM & LANGUAGE & FOA EXECUTION RESOLUTION NO. 2011-__ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA, AND CH2M HILL FOR 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 DERM REMOVAL PERMITS FOR BAYSHORE AND SUNSET ISLAND NEIGHBORHOODS NO. 8A, 8B, 8C, AND 80 PROJECTS, TO PARTICIPATE IN VALUE ENGINEERING, PROVIDE DESIGN MODIFICATIONS AND ASSOCIATED RE-PERMITIING SERVICES TO INCORPORATE THE OF SERVICE REVIEW COMMENTS REQUESTED BY 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 REPAID FROM PROPOSED FUTURE STORMWATER BONDS. WHEREAS, on May 16, 2001, the Mayor 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 Agreement) 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 and Sunset Island neighborhoods has been completed and detail design activities are underway; and WHEREAS, the Agreement was executed in not-to-exceed amount of $1 74; and WHEREAS, on December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-25432, approving additional design as Amendment No. 1 to the Agreement, for planning, deSign, permitting, bidding I award, and construction administrative services for the Bayshore and Sunset Island neighborhoods in the not-to- exceed amount of $1,91 and resulting in a revised contract of $2,046,476;and WHEREAS, on February 24, 2005. Amendment No. 2 to Agreement was 322 administratively executed, to re-package Sunset Islands 1 and 2 from Bid Package 8D to Bid Package at no additional cost, resulting in no change to contract; and WHEREAS, on November 8, 2005, Amendment No. 3 to Agreement was administratively executed to include the completion of a topographic survey along Pine Tree Drive, from West 28 th to 40 th Streets, along the side of the 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 evaluation, permitting preparation 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 and WHEREAS, on February 16, 2006, Amendment NO.5 to the Agreement was executed to include the installation of four (4) drainage wells to provide additional information for the preparation of a Letter of Reasonable Assurance to be submitted to 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 of$2,117,689; 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 of $2,489,919; 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 I-'~Inl'r\~ 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 edge treatment to Sunset Islands 1 and in not-to-exceed amount of $3,200; resulting in a revised contract of $2,576,147; and WHEREAS, on September 2006, Amendment No. 10 to 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 323 WHEREAS, on August 6, 2007, Amendment No. 11 to the Agreement was administratively executed for an additional thirty seven (37) soil in Sunset No. 1 to verify underground utility services and potential conflicts, in the not to exceed amount of $10,400; resulting in a revised contract 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 Agreement for additional regarding verification of additional underground utilities to avoid conflicts in 1 boring sites along North Bay Road between Sunset Drive and Alton Road, in the not to 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 the intersection of West 28th Street and Prairie Avenue, in not to exceed amount $20,780; all resulting in a revised contract fee of $2,738,1 and WHEREAS, on December 7, 2007, Amendment No. 15 to Agreement was administratively executed for additional services to prepare a re-application package forthe Historic Preservation Board for the Lake Pancoast Package, in the not to exceed amount of $2,145; resulting in a contract 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 th Street and Prairie Avenue, in the not to exceed amount $2,947; resulting in a revised contract fee of $2,780,833; and WHEREAS, on December 20, 2007, Amendment No. 13 to the Agreement was administratively for additional to expand the traffic study alternative design concepts the 28 th Street and Prairie Avenue intersection (previously authorized Amendment No. 12), in the not to amount $22,1 resulting in a contract fee of $2,760,338; and WHEREAS, on 20, 2007, Amendment No. 14 to Agreement was administratively executed for additional services to implement miscellaneous design to bike traffic crosswalks, 28 th Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403; resulting in a revised contractfee of $2,775,741; and WHEREAS, on January 6, 2009, Amendment No. 17 to the Agreement was administratively for additional services for design preparation of materials, and attendance at various Board and civic meetings discussing options on Sunset Islands No. I and II, in the to exceed amount of $1 resulting in a revised contract fee 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 in lieu of a stormwater pump station in Lake in not amount of $15,196; resulting in a revised contract fee of $2,811 ,373; 324 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; included preparation of a technical memorandum which investigated existing stormwater system, proposed improvements required to meet a 5-year, i-day level service, and presented them in a schematic plan; that water meters in rear the right-of-way; that added valley gutters, catch basins, replacementJupsizing of outfalls, tideflex valves, and stormwater quality improvements; coordinated undergrounding of electric, cable, phone services; coordinated new gas service; and that updated the existing condition in not-to-exceed amount of $10B,000; resulting in a revised fee $2,919,373. WHEREAS, on April 13, 2011, Amendment No. 20 be presented to the Mayor and City Commission for approval to reallocate funds from construction administration to bidding and award services for the Bayshore Island Neighborhoods No. BA, BC, and BD packages for additional services with the extended bidding and award phase due to additional permitting requirements, in the amount of $144,591.B4, $120,716.06, $39,749.1 and $35,012.96, respectively, a total contract reallocation of $340,069.99; increasing the bidding and award services budgeHor Neighborhoods No. BA, BC, and BD packages from $14,B06 to $159,397.B4, $14,B06 to $135,522.06, $14,B06 to $54,555.1 and $14,B06 to $49,B1 respectively, a total bidding award services budget of and decreasing the total construction administration budget from $371,441 to $31,371.01; and WHEREAS, the following Amendment No. 21, approves additional services to provide design documents and permitting to procure the DERM Removal Permits for the Bayshore and Sunset Island Neighborhoods No. BA, BB, and BD projects and additional services to participate in value engineering and provide 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. BA, BB, and BC projects, 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 $19B,717.97; resulting in a revised contract of $3, 11B,090.97. NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND THE CITY COMMISSION OF THE CITY MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 21 to professional services agreement between the of Miami Florida, and CH2M Hill for the Professional Landscape Architectural and Engineering Services for the Right-of-Way Infrastructure Improvements Program for Neighborhood No.8 8ayshore and Sunset Islands, dated May 1 2001, to provide additional design documents and permitting to procure the DERM Tree Removal Permits for 8ayshore and Sunset Island Neighborhoods No. 8A, 88, 8C, and 8D projects, to participate in value engineering, provide design modifications re-permitting services to incorporate the level of service review comments requested by the City Commission, for a not-to-exceed amount of $1 112.97, 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. PASSED AND ADOPTED this __ day of _____ :. 2011. ATTEST: CLERK MATTI HERRERA MAYOR T:\AGENDAI2011\4-13-11\8ayshore CH2MHili Amendment No. 20 and 211Bayshore -CH2MHili Amendments No. 21 - RESO.doc 326 APPROVED AS TO FORM & LANGUAGE & FOt=l EXECUTION EXECUTED AMENDMENTS On December 10, 2003, the Mayor and Commission adopted Resolution No. 2003-25432, approving additional design services as Amendment No.1 to the Agreement, for planning, design, permitting, bidding I award, and construction administrative for the Bayshore and Sunset Island neighborhoods in the not-to-exceed amount of $1 ,913,302; and resulting in a revised contract of $2,046,476. On February 24, 2005, Amendment No.2 '''''U'"'''''''CTl'''''' was administratively to re- package Sunset Islands 1 and 2 from Bid Package 8D to Package 8B at no additional cost, resulting in no change to ,..,.. ... t .. "',I"i> On November 8, 2005, Amendment NO.3 to the administratively to include the completion a topographic survey along Tree Drive, from West 28!h West 40 th Streets, along the east of the road, in the n01:-to·-exceE~a amount of $1 in a revised contract of $2,059,326. On February 17, 2006, Amendment No.4 to the Agreement was administratively executed include the evaluation, permitting and preparation of construction 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 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 of $2,489,919. 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 in the not to amount of $58,128; resulting in a revised contract of $2,548,047. On September 9, 2006, Amendment No.8 the Agreement was administratively executed to include the deSign of alternative parking in the Pancoast area, in amount of $24,900; resulting in a revised contract fee of $2,572,947. On September 9, 2006, Amendment NO.9 the Agreement was administratively executed to include the design of road treatment to Sunset Islands 1 and in the not-to-exceed amount of $3,200; resulting in a revised contract fee $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 potential conflicts, in the not to amount of $1 0,400; resulting in a revised contract of 327 On April 11 ,2007, Mayor and Commission 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 along North Bay between Drive and Alton Road, in the not to exceed amount of $27,500; and 334 boring for Bid Package -Central Bayshore, in the not to amount of $94,675; and to perform a traffic at intersection of West 28th Prairie Avenue, in the not to exceed amount of $20,780; all resulting in a revised fee $2,738,182. 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 amount of $2,1 resulting in a revised contract fee of $2,777,886. 2007, Amendment No. 16 the Agreement was administratively executed for additional for design services, preparation of materials, and attendance at a meeting with "'irl"' ..... +'" discussing options for of 28 th Prairie in the not to exceed amount of $2,947; resulting in a revised contract of $2,780,833. 2007, Amendment No. 13 to Agreement was administratively executed for additional to expand traffic study alternative concepts for 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 of $2,760,338; and On December 20,2007, Amendment No. 14 to the Agreement was administratively executed for additional to implement design to tables, crosswalks, the 28 th Street and Prairie Avenue intersection, and water mains, in the not exceed amount of $1 in a contractfee $2,775,741. On January 6, 2009, No. 17 to the was administratively for additional services for design services, preparation of materials, and attendance at various Board civic meetings options on 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 $2,796,1 On January 6, 2009, Amendment No. 18 the Agreement was administratively executed for additional for design for preparation of a technical memorandum evaluating use of exfiltration trenches in lieu a stormwater pump station Lake Pancoast, in the not exceed amount of $1 196; resulting in a revised contract fee $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 on Sunset Islands No. 3 and 4; that included preparation of a technical memorandum which investigated existing stormwatersystem, proposed improvements a 1- day level of service, and presented th'em in a schematic plan; that relocated water meters in rear ""!:>(~"" .... ,,,,,n·r,,, to the right-of-way; that added valley of outfalls, tideflex valves, and stormwater quality improvements; that coordinated the undergrounding of electric, cable, and phone that coordinated new and that updated the existing condition sheets; in the not-to-exceed amount of $108,000; resulting in a revised contract of $2,91 328 AMENDMENTS NO. 20 AND 21 329 AMENDMENT NO. 20 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND CH2MHILL, INC. DATED MAY 16, 2001 FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO.8 BAYSHORE AND SUNSET ISLANDS. This Amendment No. 20 to the above referenced Agreement is made and entered this of _:---:---:--_,2011, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under laws of the State of Florida, having principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as the City), and CH2MHiII, Inc. a Florida Corporation, having its principal office 800 Fairway Drive, Suite 350, Deerfield Beach, Florida, 33441 referred to as Consultant). RECITALS: WHEREAS, on May 16, 2001, the Mayor and Commission adopted Resolution No. 2001 approving and authorizing Mayor City Clerk to an agreement with the Consultant for professional services (the Agreement) for Right-of-Way Infrastructure Improvements Program Neighborhood No. 8 Bayshore and Sunset Island project (the Project), pursuant to Request 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 completed and detail design activities are underway; and WHEREAS, the Agreement was executed in the not-to-exceed amount of $133,1 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 1 award, and construction administrative for the Bayshore and Sunset Island neighborhoods in the not-to-exceed amount of $1,913,302; and resulting in a revised contract 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 2 from Bid Package 8D to Bid 8B no additional cost, resulting in no change contract; and WHEREAS, on November 8,2005, Amendment No.3 to the was administratively executed to include the completion of a topographic survey along Pine Tree Drive, from West 28 th to West 40 th Streets, along the of the road, in not-to-exceed amount of $1 resulting in a revised contract of $2,059,326; and 330 WHEREAS, on February 17,2006, Amendment No.4 the Agreement was administratively executed to include the evaluation, permitting preparation construction alternatives for the installation of curb/valley gutters to Sunset Islands 1 and in the not-to-exceed amount of $2,500; resulting in a revised contract of $2,061,826; and WHEREAS, on February 16, 2006, Amendment NO.5 to the Agreement was executed to include installation of four (4) test to provide additional information for preparation of a of Assurance to submitted to the Florida Department of Environmental Protection (FDEP), as in the permit application for the in the not-to- exceed amount of $55,863; resulting in a revised contract fee of 11 and WHEREAS, on September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26283, approving Amendment NO.6 to Agreementfor the of "P3.2" water main replacements required by the City's Public Works Department, in not-to-exceed amount of $372,230; resulting in a contract fee of $2,489,91 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 Public Works Department, in the not to exceed amount of $58,128; resulting in a revised contract 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 of $2,572,947; and WHEREAS, on September 2006, Amendment No. 9 to the Agreement was administratively to include the design of road edge treatment to Sunset Islands 1 2, in the not-to-exceed amount of $3,200; resulting in a revised contract fee of $2,576,1 and WHEREAS, on September 9, 2006, Amendment No. 10 to Agreement was administratively executed include the design of resident modifications in the Lake Pancoast area; in 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 the Agreement was administratively for an additional thirty seven (37) soil borings in Island No.1 verify underground utility services and potential conflicts, in the not to amount of $1 0,400; resulting in a revised contract of $2,595,227; WHEREAS, on April 11, 2007, the Mayor and City Commission adopted Resolution No. 2007-26504, approving Amendment No. 12 to the Agreement for additional regarding verification of additional underground utilities to avoid conflicts in 103 boring along North 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 amount of $94,675; and to perform a traffic study at the intersection of West 28 th Street and Prairie Avenue, in not to exceed amount of $20,780; all resulting in a contract fee $2,738,182; and WHEREAS, on December 20, 2007, Amendment No. 13 to the Agreement was administratively executed for additional to expand the traffic of alternative design· concepts for the Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to exceed amount of $22,1 resulting in a revised contract of 331 $2,760,338; and WHEREAS, on December 20, 2007, Amendment No. 14 to Agreement was administratively executed for additional to implement miscellaneous design revisions to bike Janes, 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 not to exceed amount $2,1 resulting in a revised contract of $2,777,886; and WHEREAS, on December 7, 2007, Amendment No. 16 to the Agreement was administratively for additional services for design services. preparation of materials, and attendance a meeting with residents discussing options for the intersection of 28th Street and Prairie Avenue, in not to exceed amount of $2,947; resulting in a contract $2,780,833; and WHEREAS, on January 6, 2009, Amendment No. 17 to the Agreement was administratively executed for additional services for desrgn services, preparation of materials, and attendance at Board and meetings discussing options on Sunset No. I II, in the not exceed amount of $1 resulting in a revised contract fee $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 use of exi'iltration trenches in lieu of a stormwater pump in Lake Pancoast, in the not to exceed amount of $15, 196; resulting in a revised contract of $2,811 and WHEREAS, on October 1 2009, the Mayor and City Commission adopted Resolution No. 2009-27223, approving Amendment No. 19 to the Agreement which provided for additional nQ"""'" 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 meters in rear easements to 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 $1 08,000; 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 Neighborhoods No. 8A, 8B, 8C, and 8D for additional with 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 bidding award budget for Neighborhoods No. 8C, and 8D packages from $14,806 to 59,397.84, $14,806 $135,522.06, $14,806 to $54,555.13, and $14,806 $49,818.96, respectively, for a total bidding and award services budget $399,293.99, and decreasing total construction administration budget from $371,441 $31,371.01. 332 NOW, THEREFORE, parties hereto, and in consideration of the mutual promises, covenants, agreements. terms, and conditions herein contained, and other good and valuable consideration, respect and adequacy are hereby acknowledged, do as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part this Amendment No. 2. MODIFICATIONS The Agreement is amended to include the additional terms and conditions outlined in Exhibit and the additional professional services the Project to provide extended bidding and award services due to additional permitting requirements for the Project, as described in the Consultant's proposal, November 4.2010, attached as Exhibit "B" to Amendment. 3. OTHER PROVISIONS All other provisions of the Agreement remain unchanged. RATIFICATION The City and Consultant the of the Agreement, as this Amendment No. 20. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 20, to executed in their names by duly authorized officials as of the first forth CITY OF MIAMI BEACH Mayor Robert Parcher Matti I-Io,.,.o,ro Bower ATTEST: CONSULTANT: CH2MHILL, INC. Print Name Print Name ATTACHMENTS: Exhibit A Exhibit B -Consultant's Amendment 20 Order 20) T:\AGENDA1201 AMENDMENT ,doc CH2MHili Amendment No. 20 and \1'1"",,,1,,,,,,, • CH2MHili Amendments No. 20 • 333 A. SCOPE OF SERVICES A, "Scope of Services", of the PROFESSIONAL ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY MIAMI BEACH (CITY) AND CH2MHILL, INC. (CONSULTANT), May 1 2001, is as follows: the scope of services outlined in 3.1 thru 3.4 with the scope of ",,,,,,-\/1,.,.,,,,,, outlined in Sub-Tasks 1.1 thru 1.4 of TASK ORDER 20 (provided as EXHIBIT B to this Amendment). SUPPLEMENT of outlined in 3.5 the outlined in Sub-Task 1.5 of EXHIBIT B. the scope of services outlined in Sub-Tasks 3.7 with the scope of services outlined in Sub-Task 1.7, with the exception ofthe last paragraph. ADD Sub-Task 1.8 -Project Meetings and Document Changes as Sub-Task 3.8 ofthe contract. the Deliverables and Schedule outlined in TASK 3 of the Agreement with the Deliverables and Schedule outlined in TASK 1 of EXHIBIT B. ADD following under TASK 5 -ADDITIONAL Sub-Task 5.16-Additional Permitting Assistance The scope of services for this Sub-Task are as outlined in Sub-Task 2.1 of B. of EXHIBIT B. The scope of services for this SUb-Task are as outlined in Sub-Task 2.3 Contaminated Groundwater The of for this Sub-Task are as outlined in Sub-Task of EXHIBIT SUb-Task 5.21 -Development of DERM Required -Dewatering Plan The scope of services for this Sub-Task are as outlined in Sub-Task 2.6 of EXHIBIT B. The scope of services for this Sub-Task are as outlined in Sub-Task of EXHIBIT B. 334 ADD the Deliverables and Schedule outlined in TASK 2 of EXHIBIT B under TASK 5 of the Agreement. B. TIME OF COMPLETION As of January 21,2011, Project Packages A, Band C have released for bid and awarded by City Commission. scope of services under Amendment shall continue accordingly, per the Schedules delineated in EXHIBIT B and incorporated herein. C. PAYMENT AND COMPENSATION Compensation for aforementioned AlE additional services shall as outlined in Article 7 of the Agreement. total labor fee proposed for this scope of work shall be a lump sum amount of $399,293.99, of which $59,224 is currently authorized for bidding award and an additional $340,069.99 shall be reallocated from construction administration to bidding and award as part of this Amendment, resulting in no to the total contract amount. Invoicing will be monthly and based on the percentage of work completed by the invoice Original Contract Value Amendment No.1 Amendment No.2 Amendment No.3 Amendment No.4 Amendment No.5 Amendment NO.6 Amendment No. 7 Amendment No.8 Amendment No.9 Amendment No. 10 Amendment No. 11 Amendment No. 12 Amendment No. 13 Amendment No. 14 Amendment No. 15 Amendment No. 16 Amendment No. 17 Amendment No. 18 Amendment No. 19 Amendment No. 20 Total Revised Contract Value: $133,1 $1,913,302 $0 $12,850 $2,500 $55,863 $372,230 $58,1 $24,900 $3,200 $8,680 $10,400 $142,955 $22,1 $15,403 $2,1 $2,947 $15,344 $15,196 $1 $2,919,373 T:lAGENDA\2011\4-13-11\Bayshore CH2MHili Amendment No. 20 and 21\8ayshore CH21'v1Hili Amendments No. 20 - AMENDMENTdoc 335 EXHIBIT B Amendment 20 (Task Order) Bidding and Additional Permitting Services for the City of Miami Neighborhood No.8, Design Packages AlC J and D This Order when executed, shall the STAl'\JTIARD AGREEMENT PROJECT DESCRIPTION stormwater discharge into Biscayne Bay area. incorporated in, and shall become an integral part dated l\IIay 2001. construction management Neighborhood 8 was divided into These "'J.J" .... u," dewatering Packages A C will 4 of n,."jprr that SCOPE OF SERVICES CONS1.JLTAl\Jl following activities: l. 2. 3. 4. :J. 6. assistance including preparation a environmental site plans to be included in each construction 336 TASK 1 .. 8IDDING, AWARD SERVICES, PUBLIC INFORMATION SERVICES Sub-Task 1.1 .. Construction Contract Document _ ... 11' .... "'. construction contracts shall set H'"'TlT''' to i..""1clude two sets of and a bid form. Documents will submitted to CITY for review CITY comments will be incorporated within 2 weeks of receipt comments. CONSULTANT will electronic copies final documents the bid. CONSUL TAJ.'\fT shall update the bid documents as by addenda requested CITY provide a set of electronic copies of the changes final documents continued, extended bid n,.",-",<:<: Package D CONSULTANT's contract. Sub-Task 1.2 .. Bid Document Delivery CONSULTANT shall CITY. for The CITY I J rr.r111'p1"n and handle bid Sub·Task 1,3 .. Pre·Bid Conference to n",,.',,,,...,,,rl",,,,,, Bidders. one initial 111 Attend '''''-'''~'''''''L'-in one secondary Sub-Task 1.4 .. Addenda Issuance bidders B, and prepare c;u. .... ,,:>'u.c. for CONSULTANT provide, CITY, timely responses to the inquiries of bidders subsequently documented issuance of 337 B. 2 / j The format for to prospective bidders shall to CITY on a same day approval and distribution. Sub-Task 1.5 -Bid Evaluation will attend the of services includes no a bid protest. Sub-Task 1.6· Contract Award 1.7 • As-Bid Contract II bid .. Amend/ modify made via contract contract documents. II construction contract modifications / revisions and a record of shall prepare and (6) addenda are assumed Committee of bidders CONSULTANTs to assist Construction Contract within ten working days but not limited to, and / or technical by incorporation of as required to include via contract addenda. to in the 1,8 -Project Meetings Document Changes will requiring Deliverables: packages D. 338 3 • The CONSULTANT AI C and B commensurate with the projects prior to the end 2010. It is AIC B in and D by months of the advertisement. (12) sets with Order No. 20 for desire to complete bidding CITY will complete bidding 2011. This will be completed TASK 2 -Additional Permitting Services SUb-Task(i.11f.,~ Additional Permitting Assistance to CITY "''''T"TrI11T1T1'cr as well as any assist additional information required by the agencies, including but not SFWNID as a result of new and more restrictive requirements associated with the protection of water quality in Biscayne Bay. Consultant will notify CITY budget is if additional fee will reqUired to obtain (.t;).\1) Sub-Task 2.2 -Prepare an Environmental Assessment Proposal response for the achtal completion of site assessment activities. (0.1b) SubMTask 2.3 -Development of Alternate Dewatering Methods, Details and Site Plans the to during construction of the Neighborhood 8 to well-point injection system; to temporary wells; discharge to existing Details, including drawings and detailed descriptions, shall be discharge method deemed feasible. mcon:mrated into contract to shall 339 4 dewatering site Dewatering four pt()le<:ts. Ct?· \q) Sub-Task 2.4 -Hydraulic Study to Determine Limits of Dewatering Influence n"''I'''tnrm a assessment be used within each zone of each packages potential of groundwater drawdown at each location. analysis define the of groundwater drawdown associated with each approved dewatering methods. Superimposed on limits the horizontal limits any contaminated sites identified the Phase I/II Environmental Assessment to be for packages (by others). Dewatering methods be as will not cause migration (6.10) Sub-Task 2,5 -Development of Plans and Procedures to Treat and Dispose of Contaminated Groundwater services has been proportioned hoi-,'.uo<'rI (6.I].i) Sub-Task 2.6 .. Development of DERM Required -Dewatering Plan Consultant prepare DERiYI for review to advance submitted to and dewatering (f>. Sub-Task 2.7 -Development of Estimated Construction Associated with Alternate Dewatering Methods prepare of • .u. .. , .... ,,< .. , construction costs for Band D. 340 alternate a 5 Schedule: shall provide all deliverables associated with Task 2 commensurate with schedule to the start of construction for Packages Ale and The tasks D ~vill be concurrent with the ~"'i>''''F.''' D completed under a ""~/<.U.<4Lo;;; Deliverables: GENERAL ASSUMPTIONS 2. of services event of a markup reproduction of ,.",,..,I'\t"ir<: contract '-<U''-!'u.U"" items, as indicated in the scope work or as requested by to 3. Travel and reimbursed for actual costs with applicable markup for employee travel assioclarea with this Order. 4. CONSULTANT is not responsible paying for permits from Federal, State or PROJECT BUDGET that are required for prosecution of work shall be a not-to-exceed amount of 5430,666.00. J.,"'""<U\.Ul may utilize unused budgets within "'~'J'''''Ji~ as long is not exc:ee(lea 341 6 TIME OF COMPLETION 1"I1"r,rpl"" as will be complete when the Execution of this Task Order constitutes CITY's Notice to ,J",,.,.ro£,rI described and in with the Standard Agreement dated 16,2001. Approved by: HILL Date: 7 342 I Bayshore CH2M HILL Amendment 20-Bidding, Award and Additional Permitting Services Total Negotiated Fee for Bidding and l"I>rrnlfTl Services Item Total Total A B C 0 Current Authorization for Biddi Item Total A B C o $14,806.00 $14,806.00 $14,806.00 $14,806.00 Bid and $263,416.99 $100,407.84 $94,511.06 $38,301.13 $30,196.96 rd Additional Additional Fee for Bidding and Pt:;:1 ImUlII1S Services (Amendment 20) Additional Item Total Bid and Permitting Total $340,069.99 $204,192.99 $135,817.00 A $144,591.84 $85,601.84 $58,990.00 B $120,716.06 $79/705.06 $41,011.00 C $39,749.13 $23,495.13 $16,254.00 0 $15,390.96 $19,622.00 under remaining authorized fee 343 Reimbl.lfsables* $0.00 $0.00 $0.00 $0.00 $0.00 " AMENDMENT NO. 21 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI FLORIDA AND CH2MHILL. INC. DATED MAY 16, 2001 FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO.8 BAYSHORE AND SUNSET ISLANDS. This Amendment No. to the above Agreement is made and entered this __ day of _-,---___ ' 2011, by and between CITY MIAMI BEACH, a municipal corporation existing under the laws of State of Florida, having its principal offices 1700 Convention Center Drive, Miami Beach, Florida 331 (hereinafter to as the City), and CH2MHiII, Inc. a Florida Corporation, having its principal office at 800 Fairway Drive, Suite 350, Deerfield Beach, Florida, 33441 (hereinafter referred to as the Consultant). WHEREAS, on May 16,2001, the Mayor and City Commission adopted Resolution No. 2001-24387, approving a nd authorizing the Mayor and City Clerk to execute an agreement with the Consultant for professional (the Agreement) for the Right-of-Way Infrastructure Improvements Program Neighborhood No. 8 Bayshore and Sunset Island project Project). pursuant to Request for Qualifications No. 134-99/00; WHEREAS, the Agreement provides for the detailed planning for various streetscape, landscape, and utility improvements within the Bayshore and Sunset Island neighborhoods; and WHEREAS, the planning Bayshore Sunset Island neighborhoods has 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, 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 I award, and construction administrative 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 2005, Amendment No, 2 the nf"'f"Ot:UMOlnTwas administratively executed, re-package Sunset Islands 1 and 2 from to Bid Package 8B at no additional 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 th to West 40 th along side of road, in the not-to-exceed amount $12,850; resulting in a revised contract fee of $2,059,326; and 344 WHEREAS, on February 17,2006, Amendment No.4 to administratively executed to include the evaluation, permitting and preparation of construction cost alternatives for installation of curblvalley to Sunset Islands 1 and 2, in the 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 wells to provide additional information for preparation of a Letter of Reasonable Assurance to be submitted to Florida Department of Environmental Protection (FDEP), as required in permit application for the Project, in not-to- exceed amount of $55,863; resulting in a revised contract 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 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 of $2,489,91 and WHEREAS, on September 6,2006, Mayor and City Commission adopted Resolution No. 2006-26283, approving Amendment No. 7 to the Agreement for design of bike lanes/routes required by the City's Public Works Department, in the not to amount of $58, 128; resulting in a revised contract fee of $2,548,047; WHEREAS, on 9, 2006, Amendment No. 8 to the Agreement was administratively executed to include the design of alternative parking in the Pancoast area, in the not-to-exceed amount of $24,900; resulting in a revised contract of $2,572,947; and WHEREAS, on September 9, 2006, Amendment No. 9 the Agreement was administratively executed to include the design of edge treatment to Sunset Islands 1 and 2, in the not-to-exceed amount of $3,200; resulting in a revised fee of $2,576,147; and WHEREAS, on September 9, 2006, Amendment No. 10 to Agreement was administratively executed to include the design of resident requested modifications in the Pancoast area; in the not-to-exceed amount of $8,680; resulting in a contract of $2,584,827; and WHEREAS, on August 6,2007, Amendment No. 11 to the Agreement was administratively 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 $1 0,400; resulting in a revised contract 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 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 amount of $27,500; and 334 boring for Bid 8A -Central Bayshore, in not to exceed amount of $94,675; and to perform a traffic study at intersection of West 28 th 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 20, 2007, Amendment No. 13 to the Agreement was administratively executed for additional to expand thetraffrcstudy alternative design concepts for the 28 th Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to exceed amount $22,156; resulting in a revised contract fee of 345 $2,760,338; and WHEREAS, on December 20, 2007, Amendment No. 14 to the Agreement was administratively executed for additional to implement miscellaneous revisions to lanes, tables, crosswalks, the 28th and Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403; resulting in a revised contract of $2,775,741; and WHEREAS, on December 7, 2007, Amendment No. 15 to the Agreement was administratively for additional to prepare a re-application for the Historic Preservation Board for the Lake Pancoast Bid Package, in the not to exceed amount of $2,1 resulting in a revised contract fee of $2,777,886; and WHEREAS, on December 2007, Amendment No. 16 to the Agreement was administratively executed for additional for design preparation of materials. attendance a meeting with residents discussing options for the intersection of 28 th Street Prairie Avenue, in the not to 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 ad ministratively 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 to exceed amount of $1 resulting in a revised contract of $2,796,1 and WHEREAS, on January6, 2009, Amendment No. 18 to the Agreement was administratively executed additional for design services necessary 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 amountof$15, 196; resulting in a contractfeeof$2,811 and WHEREAS, on October 14, 2009, the Mayor City Commission adopted Resolution No. approving Amendment No. 19 to Agreement which provided for additional design scope on Sunset Islands NO.3 and 4; 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, replacementlupsizing of outfalls, tideflex valves, and stormwater quality improvements; that coordinated undergrounding of electric, cable, phone services; that coordinated new service; and that updated the existing condition sheets; in not-to-exceed amount of $1 08,000; resulting in a revised contract fee of $2,919,373; and WHEREAS, on April 13, 2011, Amendment No. 20 ~hall be presented to the Mayor and Commission for approval to reallocate funds from construction administration to bidding award services for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, and 8D packages for additional services associated with the extended bidding and award phase to additional permitting requirements, in the amount of $144,591.84, $120,716.06, $39,749.13, and $35,01 respectively, for a total contract reallocation of $340,069.99; increasing bidding and services budgetforNeighborhoods No. 8A, 8B, 8C, 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,ahd decreasing the total construction administration budget from $371,441 to $31,371.01; and 346 WHEREAS, following Amendment No. 21, approves additional services to provide design documents and permitting to procure the Tree Removal Permits for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, and 8D projects and additional services to participate in value engineering and provide design modifications and associated re- permitting services to incorporate the level of service review comments requested by the City Commission during award of construction contracts for the Bayshore Neighborhoods No. 8A, 8B, and 8C projects, for a not-to-exceed amount of $135,112.97 and an additional not-to-exceed amount of $63,605.00 reimbursable expenses, fora total not-to-exceed amount of $198,717.97; resulting in a revised contractfee $3,118,090.97. NOW, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions contained, other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. above recitals are true and correct and are incorporated as a part of this Amendment No. 21. 2. MODIFICATIONS The Agreement is amended to include the additional terms and conditions outlined in Exhibit "A" and additional professional for the Project to provide design documents permitting services to procure the Tree Removal Permits for the Bayshore and Sunset Island Neighborhoods No. 8A, 8C, and 8D projects and additional services to participate in value engineering and provide design modifications and associated re- permitting services to incorporate the level of service review comments for the Bayshore Neighborhoods No. 8A, and 8C projects, as described in Consultant's proposal, attached as Exhibit "B" to Amendment. 3. OTHER PROVISIONS . All other provisions of the Agreement remain unchanged. 4. RATIFICATION The City and Consultant ratify the of the as per Amendment No. 21. 347 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 21, to be executed in their names by their duly authorized officials as of the date set forth above. City Clerk Robert Parcher Print Name ATTACHMENTS: A CITY OF MIAMI BEACH Mayor Matti Herrera Bower CONSULTANT: CH2MHILL, INC. Print Name Exhibit B -Consultant's Amendment 21 (Task Order 21) T;\AGENDA\2011\4-13-11\Bayshore -CH2MHilI Amendment No. 20 and 21\Bayshore -CH2MHi!I Amendments No. 21 - AMENDMENT.doc 348 EXHIBIT A A SCOPE SERVICES SCHEDULE A, "Scope of , of the PROFESSIONAL ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT THE CITY OF MIAMI BEACH (CITY) AN D CH2MHILL, INC. (CONSULTANT), May 16, 2001, is amended as follows: ADD the following under TASK 5 -ADDITIONAL SERVICES: Sub-Task 5.23 -Tree Removal The scope of services for this Sub-Task are as outlined in Task 1 of EXHIBIT B. Sub-Task are as outlined in Task 2 of EXHIBIT B. Sub-Task 5.25 -Additional Permitting The scope of services for this Sub-Task are as outlined in Task 3 of EXHIBIT B. ADD the Deliverables outlined in EXHIBIT B under TASK 5 of the Agreement. TIME OF COMPLETION The of services under Amendment shall be completed within 90 days following the issuance of the notice-to-proceed by the City, per Assumption #1 delineated in EXHIBIT Band incorporated herein. C. PAYMENT AND COMPENSATION Compensation for the aforementioned additional services shall be as outlined in Article 7 of the Agreement. The total labor proposed for scope of work shall be for a not-to-exceed amount of $135,112.97 and an additional not-to-exceed amount of $63,605.00 for reimbursable ",vr,,,,n,,,,,,,,, for a total not-to-exceed amount of $198,71 resulting in a revised contract of 118,090.97. Invoicing will be monthly and on the percentage of work com pleted by the invoice date. Original Contract Value Amendment No. 1 Amendment No.2 Amendment NO.3 Amend ment No.4 Amendment NO.5 Amendment No.6 Amendment No. 7 Amendment NO.8 Amendment NO.9 Amendment No. 10 Amendment No. 11 Amendment No. 12 Amendment No. 13 Amendment No. 14 Amendment No. 15 $1 174 $1,913,302 $0 $12,850 $2,500 $55,863 $372,230 128 $24,900 $3,200 $8,680 $10,400 $142,955 156 $15,403 $2,1 349 Amendment No. 16 Amendment No. 17 Amendment No. 18 Amendment No. 19 Amendment No. 20 Amendment No. 21 Total Revised Contract Value: $2,947 $15,344 $15,196 $108,000 $0 $198,717.97 $3,118,090.97 T:\AGENDAI2011\4w 13-11\Bayshore • CH2MHHI Amendment No. 20 and 21\Bayshore -CH2MHili Amendments No. 21 - AMENDMENT.doc 350 EXHI IT Amendment No. 21 To The Professional Services Agreement Between The City of Miami Beach, FL And CH2M HILL Dated May 16,2001 For Additional Design Services for the Right-Of .. Way In'frastructure Improvements Program Neighborhoods No.8, A, and C -Central Bayshore/Lower North Bay Road/Lake Pancoast Storm Drainage Design Modifications and Miami Dade DERM Tree Removal Permitting Services This Amendment No. 21, to the above Agreement is made and entered this of , 2011, by and between the CITY MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal at 1700 Convention Center Drive, Miami Beach, 33139, (hereinafter referred as the CITY) and CH2M HILL, a Florida Corporation, having principal office located 800 Fairway Drive, Suite 350, Deerfield Beach, FL 33441 (hereinafter referred to as the CONSULTANT). PROJECT DESCRIPTION During the scope development for the environmental permitting of the Neighborhood No. 8B Bayshore Package Lower North Bay Road project, CITY stated they would process the Miami-Dade Department of Environmental Resources Management (DERM) Removal Permit. As of January 2011, the CITY requested CH2M HILL (CONSULTANT) prepare a Order amendment to do this work for the Bayshore Neighborhood No. 8A, 8B, 8C and 8D projects. In addition, as a consequence of ongoing implementation of policies and standards being developed by the CITY's new stormwater master plan and requests by the City Commission for the City of Miami Beach Public Works Department (PW) to provide a level of service review, PW has requested revisions to the current design of the stormwater collection and disposal systems proposed for the Bayshore Neighborhood No. 8A, and 8C projects. 1 351 SCOPE OF SERVICES Task 1 -Bayshore Neighborhoods No. 8A, 8B, 8C and 80 Tree Removal Pennitting CONSULTANT, along with representatives from the CITY shall conduct site visits as necessary to provide documentation which all the requirements as denoted in DERM's Tree Removal Permit Application and Tree Survey Guidelines and Specifications. The purpose of the field visits will be to obtain additional information to supplement the existing information shown on the current bid documents (Le. demolition/encroachments list/plan). The information obtained will be incorporated into the current set of plans for the DERM Tree Removal Permit Application submittal. CONSULTANT will obtain this information by walking the project sites. Documentation shall contain the following information: 1. Location and identification of all non-exempt trees within the project area on a plan signed and by a registered landscape architect. A key in table format, delineating the following for each non-exempt tree: a. identification number b. Scientific and/or common name c. Diameter at breast height (DBH) d. Canopy diameter or square footage e. Label showing tree as "to remain", "to relocated", or "to removed" (ET2's) 3. For specimen trees to removed, known as Encroachment Type 2's or relocated, documentation shall also include a tree health analysis, tree photo, and site photo. The CONSULTANT will evaluate and obtain information for any new plantings that have occurred after the original survey was completed and will need to be designated as and incorporated into the DERM Tree Removal Application documentation. CONSULTANT shall flag for location by Subconsultant Surveyor. Subconsultant Surveyor will locate these in the field so CONSULTANT can add to demolition plans. Task 2 -Design Modifications The CONSULTANT will provide design services to revise and update the contract documents for of the projects as directed by PW or as authorized by the CITY. For this amendment, it is assumed that PW stormwater related requirements authorized for the Lower North Bay Road project will be duplicated 2 for Central Bayshore and Pancoast projects with the only difference being the level of effort required by the specific project. Activities include: Evaluation and response to PW review comments; • Evaluation of PW comments and potential impact on the existing design and permits. Possible modifications include limited extensions of the stormwater collection system in response to neighborhood requests, upsizing of proposed collection storm sewers or outfalls if justified and if access to the outfalls becomes available, increasing the width of proposed valley gutters, extending valley gutters up the side streets and modifications to the pump stations. Potential changes are based on the PW review comments dated February 17,2011; • Update design calculations resulting from proposed modifications to demonstrate compliance with criteria -that the proposed pump station, injection well design and collection system are sufficient and that flooding would not be expected to occur at the road crown or within 15 feet of a structure during a 7.5 in/24 hr storm event; • Evaluation and potential modifications to the stormwater outfalls, including the disposition backwater control devices and the replacement of the outfall at 8 Lower North Bay Road including survey • Identify and justify road grades and longitudinal slopes that are less than 0.3% sidewalks that are lower than the of pavement, determine if these areas be drained by other means and provide recommendations; • Include provisions in the contract documents for full depth roadway restoration in areas (determined during construction) where the existing road base is determined to be insufficient and where milling and repaving may inadequate insure acceptable pavement design life; • Design an irrigation plan for the of in Package B to replace the existing irrigation system that will damaged by the < • .c0nstruction of the stormwater pump station. The irrigation system will be shown on an appropriate drawings sheet for work in this • Revise drawing DM-14, PGD-14 and PM-14 of the 8A set to be consistent with proposed alignment and traffic flow changes at the Pinetree Drive and Flamingo Drive intersection as shown in a Perez and Assoc. drawing dated August 5, 3 353 411 Participate in Value Engineering (VE) reviews for the 8ayshore 8A, and 8C projects. Evaluate contractor's proposals for each project and provide recommendations to the City with respect to their conformance with the contract documents and design intent. Accepted recommendations will incorporated into the Contract Documents under the provisions of the tasks defined by During Construction. Task 3 -Permitting As part of this task, the CONSULTANT shall prepare and complete the Removal Application for the CITY'S signature and submit the application to DERM with revised demolition plans showing all information required by this permit agency. Specific activities will include: • Submit permit application forms to CITY for their review. • Incorporate comments/revisions from CITY and then submit to DERM. 411 Conduct an onsite meeting with DERM to review trees. 411 Provide response to requests for additional information, if requested by DERM. 411 Incorporate comments/revisions from DERM, if required. 411 Provided for a Registered Landscape Architect to sign and seal plans, if necessary. 411 Calculate mitigation cost required for vegetation to removed. Verify if mitigation can consist only of fee payments to Trust or if necessary, prepare mitigation plans for project package. • CONSULTANT will communicate and coordinate with regulatory agencies as required to obtain permit approval. In addition to tree removal permits, 2 drainage design revisions may require additional permitting or amendment of existing DERM if outfalls are upsized or otherwise modified. Specific activities will include: 411 Submit permit application forms to CITY for their review. 4 354 .. Incorporate comments/revisions from CITY and then submit to DERM. Design revisions will be modifications to the existing design and not complete redesign of the stormwater systems. .. Provide response to for additional information, if requested by DERM. .. Incorporate commentsirevisions from DERM, if required. .. CONSULTANT will communicate and coordinate with regulatory as required to obtain permit approval. Deliverables: 1. Completed Application Forms and names, measurements of the trees to bid documents. demolition plans showing the removed as shown on current All permit deliverables will include 3 full-size sets, 3 half-size sets and one electronic PDF. Assumptions: 1. 1 of scope of work will be completed no later than 90 days following the notice to proceed (NTP) from City, and the CITY's timely review of deliverables. Within two weeks of receipt of NTP, CONSULTANT will propose a delivery schedule for the CITY's review. Any delays by CITY beyond the dates stated above may require scope and fee revisions. 2. Task 3 design revisions do not anticipate the requirement to change the grade of sidewalks or perform major re-design of the systems as they are currently designed -in particular changes that would result in the need to re-permit aspects of the project. Expected revisions are ... "'.,<;; .... on discussions with PW, CIP and CIPOC representatives and as directed by the CITY. Changes to the design documents will be prepared for inclusion by order into the project work. Preparation of the actual change orders are covered by other agreement(s). If the level of re-design exceeds what is anticipated, the CONSULTANT shall advise the CITY that additional amendment to this contract may be required. CONSULTANT will not attend any meetings with HOAs or individual homeowners regarding the disposition of the to removed. 4. CITY will pay-all permitting Project scope and Attachment A is based on attached estimated list in 5 355 6. CITY will provide written application receipt of package. writing within one 7. Existing Conditions survey information as Surveyor Subconsultant. 8. Travel expenses will be reimbursed by 9. CH2M HILL shall not be for any delay caused beyond our control. PAYMENT AND COMPENSATION manT<" within two weeks of to comments with additional scope of work from Agency delays, or total fee proposed for the scope of work above shall be a time basis fee in the amount of $198,71 including an allowance for reimbursable expenses and survey services which cannot until the initial field work is completed. The total survey allowance for the proposed work is $35,000 and is included in the proposed reimbursable ovY,on Item Task 1 -Tree Removal IN WITNESS WHEREOF, the No.21, to be executed in their name by their duly first set forth above. 356 Amount 6 Storm Drainage Task i-Tree Removal Labor ElI:penses Total Task 2-Design Modifications Labor Total W (Jt ...... ElI:penses Total Total Fee -Amendment 21 "A", "S", "e" and Fee calc_amend21_rev_de5_tree cations and Labor Table 1 Tree Removal P"rmitti Total $ 18,731).67 $ 5,485.88 $ 6,318.09 $ 5,485.88 $ 19,448.00 $ 5,610.00 $ 6,732.00 $ 5,610.00 $ 38,178.67 $ 11,095.88 $ 13,050.09 $ 11,095.88 $ 3,010.56 $ 1,865.78 $ 1,003.66 $ 32,716.03 $ 20,269.17 $ 10,905.49 $ 8,016.11 $ 4,818.43 $ 2,672.03 $ 4,818.43 $ 24,218.61 $ 14,557.64 $ 8,072.87 $ 14,557.64 $ 73,420.52 $ 63,890.69 $ 61,406.76 $ 3/23/2011 to) c.n eo l'l ~ ; ! ! g 11 5! ! i =3 J '" ! ~'~i~! ! ! ~ ? ! ~~! I lIt~~ °ll~ ~~~~~ ~ ~ t ~ l! a ~ ~. ! a j ~ ~ i ~~! ~ 1:\ &8. o~ ... 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