2008-26931 ResoRESOLUTION NO. 2008-26931
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE NORMANDY SHORES
NEIGHBORHOOD IMPROVEMENT PROJECT BASIS OF DESIGN REPORT
(BODR) BY EXCLUDING THE REQUIREMENT OF THE NORMANDY
SHORES MONUMENT SIGN, LOCATED AT THE NORTHWEST CORNER OF
THE INTERSECTION OF SOUTH SHORE DRIVE AND BIARRITZ DRIVE,
AND AUTHORIZING ITS REMOVAL, AT NO ADDITIONAL COST TO THE
CITY.
WHEREAS, on January 4, 2008, the City entered into an Agreement with Unitech Builders
Corporation, through a Job Order Contract (JOC), for construction of the remaining scope of work
on the Normandy Shores Right-of-Way Infrastructure Improvement Project (Project) that was not
completed by the previous contractor, in an amount not-to-exceed $7,852,753; and
WHEREAS, the Project includes the installation of new drainage and streetscaping including
a monument sign at the northwest corner of South Shore Drive and Biarritz Drive; and
WHEREAS, this sign was included in the Project Basis of Design Report (BODR) at the
request of the Normandy Shores Homeowners' Association, based upon discussion at community
meetings during the planning and design phases of the Project; and
WHEREAS, the resident of 1001 South Shore Drive (at the northwest corner of South Shore
Drive and Biarritz Drive) has objected to the sign, claiming that it reduces the property value; and
WHEREAS, the CIP Oversight Committee, at its October 6, 2008 meeting, unanimously
recommended that the sign be removed from the Project; and
WHEREAS, the Normandy Shores Homeowner Association does not object to the removal
of the sign; and
WHEREAS, City staff has negotiated with Unitech Builders Corporation for removal of the
sign, at no additional cost.
NOW, THEREFORE BE IT TRULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve an
amendment to the Normandy Shores Neighborhood Improvement Project Basis of Design Report
(BODR) by excluding the requirement of the Normandy Shores Monument Sign, located at the
northwest corner of the intersection of South Shore Drive and Biarritz Drive, and authorizing its
removal, at no additional cost to the City.
PASSED and ADOPTED this 5th day of November , 2008.
ATTEST:
~~ ~~
Robert Parcher, CITY CLERK atti Herre 10~TRIAG
e~ FOR EXECUTION
T:IAGENDA12008\November 51ConsentlNormandy Shores Monument Sign Removal Reso.do
~0 2~' ~(~
ity Attorney D to
T TA-C ~{ li1 ffW I
(`~J`~HOA
October 28, 2008
To Whom ht May Concern:
I am writing you in regard to our resident, Sylvia Kauffman, of 100 I South Shore Drive,
Normandy Shores.
At issue for Mrs. Kauffman is a large cinder block and cement signage structure impinging
upon her property.
The NSHOA, alongside the Kauffman family, would like the sign removed at no expense to
our resident.
After significant due diligence including multiple meetings with all vested parties (CIP,
Commission, HOA, and the Kauffman's), NSHOA concurs with the Kauffman's that the site
cannot accommodate such a sign without a significant diminishing of Mrs. Kauffman's
property value and quafity of Life.
As long time residents of Miami Beach, the NSHOA would like to see the Kauffman's
accomodated in their reasonable request for the City to remove the sign at issue.
Sincerely,
Enk Sc
President, NSHOA
COMMISSION ITEM SUMMARY
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A •Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, to amend the
Normandy Shores Neighborhood Improvement Project Basis of Design Report (BODR) by excluding the
requirement of the Normandy Shores Monument Sign located at the northwest corner of the intersection of
South Shore Drive and Biarritz Drive and authorizing its removal at no additional cost to the City.
Key Intended Outcome Supported:
Ensure Well Designed Quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Issue•
Should the City Commission approve the Amendment?
Item Summa /Recommendation:
The improvements being made in the Project are included in the Basis of Design Report (BODR) prepared
by CH2M Hill, Inc. The scope of work includes enhanced landscaping and street lighting; repair, extension,
and widening of existing sidewalks to comply with ADA requirements; street resurfacing/pavement
markings; improvements to streets ends; landscaping; bicycle routes; and improved stormwater drainage
collection and disposal infrastructure. The monument sign was discussed at community meetings during
the planning and design phases of this project, included in the BODR, and again discussed at the
Community Design Review Meeting. The removal of the sign represents a deviation from the approved
BODR.
The resident of 1001 South Shore Drive at the northwest corner of South Shore Drive and Biarritz Drive,
who is most impacted by the sign, has objected to the sign. The original objection was that the sign was
improperly located on private property. The City prepared a special survey on April 12, 2007 showing the
sign to be in the right-of-way. However, to accommodate the resident, the City paid the contractor $18,244
to shift the sign further north and away from the intersection. While this was viewed as an improvement by
the resident, it was not seen as a satisfactory solution.
As previously discussed, the City was not satisfied with the quality of the work as well as the pace of the
work on the Project. As a result, the contractor was asked to complete certain tasks and demobilize from
the project. At that time, the monument sign was only partially completed. The City later entered into an
Agreement with another contractor for the remaining scope of work on the Project that was not com pleted
by the previous contractor. However, due to the controversy surrounding the sign, no additional work has
been done and no money has been spent to complete it.
This monument sign was brought to the attention of the CIP Oversight Committee, at its October 6, 2008
meeting. At that time, the Committee unanimously recommended that the sign be removed from the
project. The Normandy Shores Home Owner Association (HOA) has expressed recently that it will not
object to the removal of the sign see Attachment 1.
City staff then negotiated with the new contractor to remove the sign at no additional cost to the City should
the Commission wish to have it removed.
Adviso Board Recommendation:
The CIPOC recommends removal of the monument sign.
Financial Information:
Source of Amount Account
Funds: ~
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Carey Osbourne, CIP Office
~ gent Director ~ ~sistant City Manager ~ (o~ty Manager ~
TH
~ N1YAM ~ B EAR H AGENDA ITEM (r ~~
~~ DATE ~ ~ ' ~U~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 5, 2008
SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE NORMANDY
SHORES NEIGHBORHOOD IMPROVEMENT PROJECT BASIS OF
DESIGN REPORT (BODR) BY EXCLUDING THE REQUIREMENT OF
THE NORMANDY SHORES MONUMENT SIGN, LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF SOUTH
SHORE DRIVE AND BIARRITZ DRIVE, AND AUTHORIZING ITS
REMOVAL, AT NO ADDITIONAL COST TO THE CITY.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
FUNDING:
There is no additional cost for the removal of the monument sign.
ANALYSIS
The Neighborhood No. 3 -Normandy Shores Right-of-Way Improvements Project (Project)
is located in North Beach.
The improvements being made in the Project are included in the Basis of Design Report
(BODR) prepared by CH2M Hill, Inc. The scope ofwork includes enhanced landscaping and
street lighting; repair, extension, and widening of existing sidewalks to comply with ADA
requirements; street resurfacing/pavement markings; improvements to streets ends;
landscaping; bicycle routes; and improved stormwater drainage collection and disposal
infrastructure.
The monument sign was included in the Project at the request of the Homeowners'
Association. It was discussed at community meetings during the planning and design
phases of this project. As a result, the sign was included in the BODR and discussed at the
Community Design Review Meeting No. 2 held on June 14, 2005. The removal of the sign
represents a deviation from the approved BODR.
Tran Construction Inc., one of the Job Order Contractors, was originally selected as the
general contractor for the Project. After several rounds of negotiation, a construction contract
was executed on December 7, 2006. The second Notice to Proceed, which authorized
construction activities, was issued on January 23, 2007. The contract provided 730 calendar
days to complete the work, which translates to January 22, 2009
Commission Memorandum -Normandy Shores Monument Sign Removal
November 5, 2008
Page 2 of 2
The resident of 1001 South Shore Drive at the northwest corner of South Shore Drive and
Biarritz Drive, who is most impacted, has objected to the sign claiming that it reduces the
property value. The original objection was that the sign was improperly located on private
property. The City prepared a special survey on April 12, 2007 showing the sign to be in the
right-of-way. However, to accommodate the resident, the City paid the contractor $18,244 to
shift the sign further north and away from the intersection. While this was viewed as an
improvement by the resident, it was not seen as a satisfactory solution.
As previously discussed, the City, its program manager, and its consultant were not satisfied
with the quality of the work as well as the pace of the work on the Project. As a result, the
contractorwas asked to complete certain tasks and demobilize from the project. Atthattime,
the monument sign was only partially completed.
On January 4, 2008, the City entered into an Agreement with Unitech Builders Corporation,
through a Job Order Contract, for construction of the remaining scope of work on the Project
that was not completed by the previous contractor, in an amount not-to-exceed $7,852,753.
However, due to the controversy surrounding the sign, no additional work has been done
and no money has been spent to complete it.
This monument sign was brought to the attention of the CIP Oversight Committee, at its
October 6, 2008 meeting. At that time, the Committee unanimously recommended that the
sign be removed from the project. The Normandy Shores Home Owner Association (HOA)
has expressed recently that it will not object to the removal of the sign, see Attachment 1.
City staff has negotiated with Unitech Builders Corporation to remove the sign at no
additional cost to the City should the Commission wish to have it removed.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize amending
the Normandy Shores Neighborhood Improvement Project BODR by excluding the
requirement of the monument sign located at the northwest corner of the intersection of
South Shore Drive and Biarritz Drive and authorizing its removal at no cost to the City; in
accordance with the desires of the resident most impacted by it, and with the
recommendations of the CIP Oversight Committee and the Normandy Shores HOA.
Attachment
T:WGENDA\2008\November 5\Consent\Normandy Shores Monument Sign Removal Memo.doc