2014-28768 Reso RESOLUTION NO. 2014-28768
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. 29 IN THE AMOUNT
OF $3,00695449 TO THE AGREEMENT WITH BERGERON LAND
DEVELOPMENT, INC., DATED APRIL 30, 2014 (THE AGREEMENT),
RELATED TO THE COMPLETION OF ROADWAY IMPROVEMENTS ALONG
6TH STREET AND WEST AVENUE, BETWEEN 5TH AND 6TH STREETS, AND A
NEW SEAWALL AT 14TH STREET; WITH SUCH CHANGE ORDER
INCREASING THE COST OF THE AGREEMENT TO $15,356,544.
WHEREAS, at its February 12, 2014 meeting, the City Commission adopted Resolution
No. 2014-28498, accepting the findings and recommendation of the City Manager and declaring
an emergency, pursuant to Section 287.055(9)(c)(6)(a)(1) of the Florida Statutes; waiving, by
5/7ths vote, the competitive bidding requirement; and authorizing the City Manager to procure
the necessary emergency design and construction services, pursuant to a negotiated design-
build contract for the remaining storm water pump stations for 6th, 10" and 14th Streets, with
Bergeron Land Development, Inc., in an amount not to exceed $11,250,000 (the Agreement);
and
WHEREAS, at its June 11, 2014 meeting, the City Commission approved Resolution No.
2014-28636, authorizing the Mayor and City Clerk to execute Change Order No. 1 to the
Agreement, 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; and
WHEREAS, the additional services under Change Order No. 1 included a seawall
construction at 10th Street; the construction of an FDOT outfall pursuant to the current 10th
Street Joint Participation Agreement (JPA); the conversion of a Bay Road storm water pump
station to directly discharge to the bay at 14th Street; and the installation of additional check
valves at various locations requiring protection from tidal flooding; and
WHEREAS, during construction, it was determined that drainage improvements along 6th
Street and West Avenue, between 5th and 6th Streets, will require significant removal of the
existing pavement in order to construct the 6th Street storm water pump station; and
WHEREAS, taking into consideration that the City has already programmed and
budgeted a West Avenue and Bay Road Design Build Neighborhood Improvement Project, as
well as the condition of the City's infrastructure on Alton Road, the Public Works Director
recommends that both drainage and neighborhood improvements are dealt with simultaneously
in order to minimize construction impacts along these neighborhood corridors; and
WHEREAS, in addition to the work on 6th Street, it was found during the construction of
the 14th Street pump station the existing seawall had a crack and required replacement; and
WHEREAS, accordingly, the City is submitting a request to execute Change Order No.
2, in the amount of $3,006,544, for an additional scope of services to be performed by Bergeron
along 6th Street and West Avenue, between 5th and 6th Streets; and
WHEREAS, the work shall include the replacement of City underground utilities and
other aspects of a typical neighborhood improvement project, including street lighting, sidewalk
replacement, roadway reconstruction, and landscaping, as well as replacement of the seawall.
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. 2, in the amount
of $3,006,544 to the agreement with Bergeron Land Development, Inc., dated April 30, 2014
(the Agreement), related to the completion of roadway improvements along 6th Street and West
Avenue, between 5th and 6th Streets, and a new seawall at 14th Street; with such change order
increasing the cost of the agreement to $15,356,544.
PASSED and ADOPTED this 90 day of SP �eM ble r , 2014.
ATTEST:
PHILIPLEVIN YOR
G ED. � f ,
RA AEL E. GR NADO CITY CL1 K— `
5
T:\AGENDA\2014\September\September 30\Public World\Bergeronstormwater pump stations Change Order No 2 RES02.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney ,^ pa
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. 2 To The Agreement With
Bergeron Land Development, Inc., Dated April 30, 2014 (The Agreement), Related To The Completion
Of Roadway Improvements Along 6th Street And West Avenue Between 5th And 6th Streets And A New
Seawall At 14th Street, Further Increasing The Cost Of The Agreement To$3,006,544.
Key Intended Outcome Supported:
Ensure value and timely delivery of quality Capital Projects.
Supporting Data (Surveys, Environmental Scan,etc. : N/A
Item Summa /Recommendation:
During the construction, it has been determined that drainage improvements along 6 Street and West
Avenue between 5th and 6th Streets will require significant removal of the existing pavement to construct
the 6th Street storm water pump station. Taking into consideration that the City has already
programmed and budgeted a West Avenue and Bay Road Design Build Neighborhood Improvement
project coming up in the fall of 2015 and the condition of the City's infrastructure on Alton Road, and
Public Works staff recommends that both drainage and neighborhood improvements are dealt with at
the same time, in order to minimize construction impacts along these neighborhood corridors.
The City is submitting a request to execute Change Order No. 2, for an additional scope of services to
be performed by Bergeron (ATTACHMENT A) along 6th Street and West Avenue between 5th and 6th
Streets. The work shall include the replacement of City underground utilities and other aspect of a
typical neighborhood improvement project: street lighting, sidewalk replacement, roadway
reconstruction and landscaping.
In addition to this work on 6th Street, it was found during the construction of the 14th Street pump station
that the existing seawall had a crack and the seawall required replacement.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $ 62,280 365-2336-069355
2 $ 30,000 304-2336-061657
3 $ 1,278,417 384-2336-061357
4 $ 252,102 424-2336-061357
5 $ 8,801 428-2336-061357
6 $ 694,944 431-2336-061357
7 $ 600,000 South Pointe Capital
8 $ 80,000 435-2473-069357
OBPI $ 3,006,544 Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric T. Carpenter, ext.6012
Sign-Offs:
Department ' ector Assistant City Manager City r
ETC . MT JLM
TAAGENDA\201 September\Public rks\DRAFT Bergeron stormwater pump stations Change Order No 2 Summary.docx
IN AGENDA ITEM R7H
I TJ
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISS ON MEMORANDUM
TO: Mayor Philip Levine and Members o the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: September 30, 2014
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE CHANGE ORDER NO. 2 TO THE AGREEMENT WITH
BERGERON LAND DEVELOPMENT, INC., DATED APRIL 30, 2014 (THE
AGREEMENT), RELATED TO THE COMPLETION OF ROADWAY
IMPROVEMENTS ALONG 6TH STREET AND WEST AVENUE BETWEEN 5TH AND
6TH STREETS AND A NEW SEAWALL AT 14TH STREET, FURTHER INCREASING
THE COST OF THE AGREEMENT TO $3,006,544.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
FUNDING
FY 2013/14
Amount Account Number
$ 80,000 435-2473-069357
$ 62,280 365-2336-069355
$ 30,000 304-2336-061657
$ 1,278,417 384-2336-061357
$ 252,102 424-2336-061357
$ 8,801 428-2336-061357
$ 694,944 431-2336-061357
$ 600,000 South Pointe Capital
$ 3,006544 544 Total
BACKGROUND
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
negyotiated 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
exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or
Commission Memorandum—Bergeron pump stations Improvements- Change Order No. 2
Page 2 of 3
through retention of a professional outside design consultant, 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) for services; 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 requested an addition to the scope of work in the existing Bergeron contract.
At its June 11, 2014, the City Commission approved Resolution No. 2014-28636, authorizing
the Mayor and City Clerk to execute Change Order No. 1 to the Bergeron agreement, dated
June 11, 2014; 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 reached an impasse; with such additional
services 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.
CURRENT STATUS
During the construction, it has been determined that drainage improvements along 6th Street
and West Avenue between 5th and 6th Streets will require significant removal of the existing
pavement.to construct the 6th Street storm water pump station. Taking into consideration that
the City has already programmed and budgeted,a West Avenue and Bay Road Design Build
Neighborhood Improvement project coming up in the fall of 2015 and the condition of the City's
infrastructure on Alton Road, and Public Works staff recommends that both drainage and
neighborhood improvements are dealt with at the same time, in order to minimize construction
impacts along these neighborhood corridors.
The City is submitting a request to execute Change Order No. 2, for an additional scope of
services to be performed by Bergeron (ATTACHMENT A) along 6th Street and West Avenue
between 5th and 6th Streets. The work shall include the replacement of City underground utilities
and other aspect of a typical neighborhood improvement project: street lighting, sidewalk
replacement, roadway reconstruction and landscaping.
In addition to this work on 6th Street, it was found during the contruction of the 14th Street pump
station.that the existing seawall had a crack and the seawall required replacement.
CONCLUSION
The Administration recommends adopting the Resolution.
JLM/MT/ETC/BAM/FRS
TAAGENDAMMSeptember\Public Works\Bergeron Pump Stations Project Change Order No 2 Memo.docx