2014-28636 Reso RESOLUTION NO. 2014-28636
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO THE
AGREEMENT WITH BERGERON LAND DEVELOPMENT, INC., DATED JUNE
11, 2014 (THE AGREEMENT), RELATING TO THE ALTON ROAD
IMPROVEMENTS PROJECT; INCREASING THE SCOPE OF THE
AGREEMENT TO INCLUDE SERVICES RELATED TO A PRIOR CONTRACT
WITH EBSARY CONSTRUCTION FOR THE CITY'S 10TH STREET SEAWALL
AND STREET-END PROJECT (PROJECT), WHICH HAS REACHED AN
IMPASSE; SUCH ADDITIONAL SCOPE TO INCLUDE: A SEAWALL
CONSTRUCTION AT 10TH STREET, CONSTRUCTION OF AN FDOT
OUTFALL PER THE CURRENT 10TH STREET JOINT PARTICIPATION
AGREEMENT (JPA), CONVERTING A BAY ROAD PUMP STATION TO
DIRECT DISCHARGE TO THE BAY AT 14TH STREET, AND INSTALLING
ADDITIONAL CHECK VALVES AT VARIOUS LOCATIONS REQUIRING
PROTECTION FROM TIDAL FLOODING; AND FURTHER INCREASING THE
COST OF THE AGREEMENT BY $1,000,000, PLUS A PROJECT
CONTINGENCY IN THE AMOUNT OF $100,000, FOR A TOTAL COST OF
$1,100,000.
WHEREAS, at its September 12, 2012 meeting, the City Commission approved a
Resolution to enter into a Joint Participation Agreement (JPA) with FDOT to allow the City to
construct a proposed FDOT drainage element along 10th Street (at FDOT's cost), as part of the
City's 10th Street Seawall and Street-End Project (Project), thus ensuring that the City's 10th
Street improvements would not be disturbed by a subsequent Alton Road Project; and
WHEREAS, at its November 27, 2012 meeting,the City Commission approved and
issued an award for Invitation to Bid (ITB) No. 07-12/13 to Ebsary Construction for this Project.
Under this agreement, Ebsary was to furnish all materials, labor and equipment to construct
street end improvements including: bulkhead, paving/grading, and stormwater management
associated with the proposed FDOT pump station, originally located in the Alton Road right of
way (Scope of the Project), for the amount of$1,357,900; and
WHEREAS, in April 2014, the City asked Ebsary to resume their JPA as approved by
the City Commission; however, there had been an eighteen (18) month delay since the award of
the ITB and Ebsary was not able to honor the approved contingency amount; and
WHEREAS, Bergeron Land Development, Inc. (Bergeron), (a current FDOT contractor
for the Alton Road Construction Project) was asked to submit an Engineering Cost Proposal to
FDOT, with respect to the Scope of the Project; and
WHEREAS, at its February 12, 2014 meeting, the City Commission adopted Resolution
No. 2014-28498, which accepted the findings and recommendation of the City Manager in
declaring an emergency, pursuant to Section 287.055(9)(c)(6)(a)(1) of the Florida Statutes; and
WHEREAS, additionally, as permitted, pursuant to Section 2-367(e) of the City Code,
the City Commission waived, by a 5/7ths vote, the competitive bidding requirement, and
authorized the City Manager to procure the necessary emergency design and construction
services, pursuant to a negotiated design-build contract for the remaining stormwater pump
stations for 6th, 10th and 14th Streets, with Bergeron, in an amount not to exceed $11,250,000,
which included direction to: 1) prepare, whether through the City's Public Works Department or
through retention of an outside design professional, as determined by the City Manager, a
Design Criteria Package (DCP) which complies with the specification set forth under Section
287.055(2)(j) of the Florida Statue; and 2) upon completion of the DCP, authorizing the City
Manager to negotiate a design-build contract with Bergeron for said services, with a guaranteed
maximum price (GMP); and further, 3) if the City Manager is successful in negotiating the
contract, authorizing the Mayor and City Clerk to execute the contract; and
WHEREAS, as a continuation of the initiative to protect residents from tidal flooding
within the City of Miami Beach, and to improve the overall stormwater conveyance and
discharge, the Public Works Department requires that the scope of the Agreement with
Bergeron be expanded to include providing all necessary labor and equipment for the additional
construction of a seawall at 10th street, construction of an FDOT outfall per the current 10th
Street JPA, converting a bay road pump station to direct discharge to the bay at 14th Street, and
installing additional check valves at various locations requiring protection from tidal flooding,
which has been determined to cost $1,000,000, plus a Project contingency of $100,000, for a
total cost of$1,100,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to execute Change Order No. 1 to the
agreement with Bergeron Land Development, Inc. dated June 11, 2014 (the Agreement),
relating to the Alton Road Improvements Project; increasing the scope of the Agreement to
include services related to a prior contract with Ebsary Construction, for the City's 10th Street
Seawall and Street-end Project (Project), which has reached an impasse; such additional
scope to include: a seawall construction at 10th Street, construction of an FDOT outfall per the
current 10th Street Joint Participation Agreement (JPA), converting a Bay Road pump station
to direct discharge to the bay at 14th Street, and installing additional check valves at various
locations requiring protection from tidal flooding; and further increasing the cost of the
Agreement by $1,000,000, plus a project contingency in the amount of $100,000, for a total
cost of$1,100,000.
PASSED and ADOPTED this // day of 7kne , 2014.
ATTEST:
/AJ/ P IP a®INE, MAYOR
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RA AEL NADO CI CLERK
TAAGENDA\2014\June\B e storm
........er tip.s n hange Order No 1 RESO(2).docx
INCORF ORATED.: ' r.-� APPROVED AS TO
_ FORM &LANGUAGE
• �' -, &FOR EXECUTION
City Attorney
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Change Order No. 1 To Bergeron Land Development,
Inc. Dated June 11, 2014 (The Agreement); Said Change Order, In The Amount Of$1,000,000, Plus A
Project Contingency In The Amount Of $100,000, For A Total Cost Of $1,100,000, For Taking Over
Additional Services Related To A Prior Contract With Ebsary Construction, Which Has Reached An
Impasse. The Work Includes: A Seawall Construction At 10th Street, Construction Of An FDOT Outfall
Per The Current 10th Street JPA, Converting A Bay Road Pump Station To Direct Discharge To The
Bay At 14th Street, And Installing Additional Check Valves At Various Locations Requiring Protection
From Tidal Flooding.
Key Intended Outcome Supported:
Ensure value and timely delivery of quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc. : N/A
Item Summa /Recommendation:
At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City Commission,
accepting the findings and recommendation of the City Manager in declaring an emergency, pursuant to
Subsection 287.055(9)(c)(6)(a)(1) of the Florida statute, and as permitted, pursuant to Section 2-367(e)
of the City Code, waiving, by 5/7ths vote, the competitive bidding requirement, and authorizing the City
Manager to take the following actions: To procure the necessary emergency design and construction
services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for
6th, 10th and 14th Streets, with Bergeron Land Development, Inc. (Bergeron), an FDOT contractor for the
Alton Road Improvements Project, in an amount not to exceed $11,250,000 to: 1) Prepare, whether
through the City's Public Works Department, or through retention of a professional outside design
criteria, as determined by the City Manager, a Design Criteria Package (DCP) which complies with the
specification set forth under Section 287.055(2)(j) of the Florida Statue; 2) Upon completion of the DCP,
authorizing the City Manager to negotiate and, if successful, execute a design-build contract with
Bergeron for the project, with a guaranteed maximum price (GMP); and further, if the City Manager is
successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami Beach,
and to improve the overall stormwater conveyance and discharge, the Public Works Department
requests an addition to the scope of work for the existing Bergeron contract, and to provide all
necessary labor and equipment for the installation of additional seawall, construction conversion of
injection well on Bay Road pump station to a pumped discharged.
Bergeron and the City are in negotiations for additional engineering services, a seawall construction at
10th Street, construction of an FDOT outfall per the existing JPA on 10th Street, converting the Bay
Road Pump Station to direct discharge to the bay at 14th Street, and installing additional check valves at
various locations that require protection from tidal flooding.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 758,272 427-2717-069357
2 62,624 302-2717-069357
.3 64,184 199-2717-069357
4 214,920 429-2738-069357
OBPI Total 1,100,000
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric T. Carpenter, ext.6012
Sign-Offs:
De artme irector Assistant na er Citya er
ETC MT " JLM
T:\AGENDA\2014\May\Sunset Harbour Pump Stations Improvements nge rder No 1 SUMMARY.docx
/\A" I AM I B EAC H AGENDA ITEM 1_7 L
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DATE � ...
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
C MMISSI N MEMORANDUM
TO: Mayor Philip Levine and Members o the City C nMission
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014
SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE CHANGE ORDER NO. 1 TO BERGERON LAND DEVELOPMENT, INC. DATED
JUNE 11, 2014 (THE AGREEMENT); SAID CHANGE ORDER, IN THE AMOUNT OF
$1,000,000, PLUS A PROJECT CONTINGENCY IN THE, AMOUNT OF $100,000, FOR A
TOTAL COST OF $1,100,000, FOR TAKING OVER ADDITIONAL SERVICES RELATED TO
A PRIOR CONTRACT WITH EBSARY CONSTRUCTION, WHICH HAS REACHED AN
IMPASSE. THE WORK INCLUDES: A SEAWALL CONSTRUCTION AT. 10T" STREET,
CONSTRUCTION OF ,AN FDOT OUTFALL PER THE CURRENT 10TH STREET JOINT
PARTICIPATION AGREEMENT (JPA), CONVERTING A BAY ROAD PUMP STATION TO
DIRECT DISCHARGE TO THE BAY AT 14TH STREET, AND INSTALLING ADDITIONAL
CHECK VALVES AT VARIOUS LOCATIONS REQUIRING PROTECTION FROM TIDAL
FLOODING.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
FUNDING
Amount Account Number
$758,272 427-2717-069357
$62,624 302-2717-069357
$64,184 199-2717-069357
$214,920 429-2738-069357
$1,100,000
CURRENT STATUS
At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City
Commission, accepting the findings and recommendation of the City Manager in declaring an
emergency, pursuant to Subsection 287.055(9)(c)(6)(a)(1) of the Florida statute, and as
permitted, pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths . vote, the
competitive bidding requirement, and authorizing the City Manager to take the following actions:
To procure the necessary emergency design and construction services, pursuant to a
netgotiated design-build contract for the remaining stormwater pump stations for 6th, 10th and
14t Streets, with Bergeron Land Development, Inc. (Bergeron), an Florida Department of
Transportation (FDOT) contractor for the Alton Road Improvements Project, in an amount not to
Commission Memorandum—Bergeron pump stations Improvements- Change Order No. 1
Page 2 of 2
exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or
through retention of a professional outside design criteria, as determined by the City Manager, a
Design Criteria Package (DCP) which complies with the specification set forth under Section
287.055(2)(j) of the Florida Statue; 2) Upon completion of the DCP, authorizing the City
Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the
project, with a guaranteed maximum price (GMP); and further, if the City Manager is successful
in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami
Beach, and to improve.the overall stormwater conveyance and discharge, the Public Works
Department requests an addition to the scope of work for the existing Bergeron contract, and to
provide all necessary labor and equipment for the installation of additional seawall, construction
conversion of injection well on Bay Road pump station to a pumped discharged.
BACKGROUND
At its September 12, 2012 meeting, the City Commission approved a Resolution to enter into a
Joint Participation Agreement (JPA) with FDOT to allow the. City to construct a proposed FDOT
drainage element along 10th Street (at FDOT's cost), as part of the City's 10th Street Seawall
and Street-End Project, thus ensuring that the City's 10th Street improvements would not be
disturbed by a subsequent Alton Road Project.
At its November 27, 2012 meeting, the City Commission approved and issued an award for
Invitation to Bid (ITB) No. 07-12/13 to Ebsary. Under this agreement, Ebsary was to furnish all
materials, labor and equipment to construct streetend improvements including: bulkhead,
paving/grading, and stormwater management associated with the proposed FDOT pump
station, originally located in the Alton Road right of way, for the amount of$1,357,900.
In April 2014, the City asked Ebsary to resume their JPA as approved by the City Commission,
but at that point, Ebsary requested an increase in their bid due to an 18 month delay, at a cost
that would be greater that the contingency provided. As a result, Bergeron Land Development
(a current FDOT contractor for the Alton Road Construction Project) was asked to submit an
Engineering Cost Proposal to FDOT, requesting a relocation of the Alton Road pump station to
10th and 14th Street Streetends. This process required 100% plans to be approved prior to
FDOT authorizing Bergeron to proceed with the construction.
Bergeron did not receive approval for the 101h Street end pump station relocation until later that
month. The relocation eliminated a majority of the work proposed by Coastal Systems
International, Inc., thus voiding Ebsary's agreement with the City.
COST ANALYSIS
Bergeron and the City are in negotiations for additional -engineering services, a seawall
construction at 10th Street, construction of an.FDOT outfall per the existing JPA on 10th Street,
converting the Bay Road Pump Station to direct discharge to the bay at 10 Street, and
installing additional check valves at various locations that require protection from tidal flooding.
Commission Memorandum—Bergeron pump stations Improvements- Change Order No. 1
Page 3 of 2
CONCLUSION
The Administration recommends adopting the Resolution
Attachment: Partial cost proposal
JLM/MT/ C/BAM/FRS
T:\AGENDA June\Bergeron pump stations Change Order No 1 Memo.doc