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2016-29330 Reso RESOLUTION NO. 2016-29330 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AMENDMENT NO. 2 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND JAMECK DEVELOPMENT, INC. (DEVELOPER), •DATED JULY 23, 2014, FOR THE DESIGN, DEVELOPMENT, AND CONSTRUCTION OF CERTAIN STREETSCAPE IMPROVEMENTS IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE SOUTH (THE PROJECT); SAID AMENDMENT APPROVING A CITY REQUESTED CHANGE ORDER, IN THE AMOUNT OF $13,498.88, RELATING TO THE LANDSCAPING FOR THE PROJECT; PROVIDING THAT DEVELOPER SHALL BE RESPONSIBLE FOR THE UNFORESEEN ENVIRONMENTAL STUDIES AND REMEDIATION RELATING TO THE PROJECT, IN THE AMOUNT OF $2,810, AS WELL AS ANY ADDITIONAL ENVIRONMENTAL COSTS WHICH MAY ARISE RELATING TO THE PROJECT; INCREASING THE GUARANTEED MAXIMUM PRICE (GMP) OF THE PROJECT FROM $806,340 TO $819,838.88; AND INCREASING THE CITY'S BUDGETED COSTS FOR THE PROJECT FROM $458,820 TO $466,500.86; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2. WHEREAS, Jameck Development, Inc. (Developer), approached the City to enter into a Development Agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and the construction of streetscape improvements (the Improvements) in the City's right-of-way (the Project); and WHEREAS, the Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by providing residents and visitors with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval; and WHEREAS, on June 5, 2013, the Mayor and City Commission adopted Resolution No. 2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into negotiations with the Development for a Developer Agreement to design and build the Project; and WHEREAS, on its June 11, 2014 meeting, the City Commission adopted Resolution No.2014-28628, approving the Development Agreement on first reading; and WHEREAS, on its July 23, 2014 meeting, the City Commission adopted Resolution No. 2014-28673, approving the Development Agreement on second and final reading; and WHEREAS, on August 28, 2014, the City and Developer executed the Development Agreement for the Project, reflecting a guaranteed maximum price (GMP) of$485,821; and WHEREAS, the Contractor's proposal exceeded the City's budgeted cost, in the amount of $485,820 (City's cost), so the Developer agreed to pay for any Project costs exceeding the City's cost; and WHEREAS, On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $786,200 with the Developer assuming the development costs exceeding the City's cost; and WHEREAS, On October 14, 2015, pursuant Resolution 2015-29158, the Mayor and City Commission approved the amendment to Resolution Number 2015-29127 relating to Amendment No. 1, to: (1) correct the guaranteed maximum price (GMP) of the Project from $786,200 to $806,340 (to include the cost of the bond insurance requirement); (2) correct the City's budgeted cost to reflect $485,820 (of which $27,000 budgeted for City's construction management costs, leaving $458,820 for City's contribution to the Project); (3) provide that the City would pay each approved draw in proportion to the City's contribution to the Project; and (4) providing that Developer would be responsible for entire scope of the Project, including the underground utility work, and assuming the GMP costs exceeding the City's Contribution; and WHEREAS, the City has changed the approved landscape plan to require Developer to leave the existing copper pod trees at their current location, which in consequence requires additional landscape work; and WHEREAS, the total cost of the Landscape work is in the amount of $13,498.88, and the City's proportionate contribution (56.90%) of this cost is $7,680.86, which change will be memorialized, in writing, as an agreed upon change order; and WHEREAS, this change order increases the GMP total amount from $806,340 to $819,838.88, thereby increasing the City's contribution to the Project to $466,500.86; and WHEREAS, during the course of the development of the Project, Developer has incurred the cost of some unforeseen environmental studies and remediation, in the amount of $2,810, for which Developer has agreed to be responsible, including any additional future environmental costs related to the development of the Project; and WHEREAS, the Administration recommends approving Amendment No. 2 to the Development Agreement, (1) adding the additional work to the Development Agreement as an approved change order; (2) increasing the GMP of the Project to $819,838.88, thereby increasing the City's contribution to $466,500.86; and (3) clarifying that as part of Developer assuming the GMP costs above the City's Contribution, Developer shall pay the cost of any environmental studies or any required remediation relating to the Project. 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 Amendment No. 2 to the Development Agreement between the City and Jameck Development, Inc. (Developer), dated July 23, 2014, for the design, development, and construction of certain streetscape improvements in the City's right of way, at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South (the Project); said amendment approving a City requested change order, in the amount of $13,498.88, relating to the landscaping for the Project; providing that Developer shall be responsible for the unforeseen environmental studies and remediation relating to the Project, in the amount of $2,810, as well as any additional environmental costs which may arise relating to the Project; increasing the guaranteed maximum price (GMP) of the Project from $806,340 to $819,838.88; and increasing the City's budgeted costs for the Project from $458,820 to $466,500.86; and further authorize the Mayor and City Clerk to execute Amendment No. 2. PASSED AND ADOPTED this 9 day of March, 2016. ///. PHILIP LE; A'Y�R ATTEST: AM/ . RAF a L E. ANADO, CI C B + T:\AGENDA\2016\March\Public Works\..: treet<EA ''t 'ESO.docx y i \i� I* INCORP ORATED. ' H 2b:<<4/ APPROVED AS TO FORM & LANGUAGE & F E ECUTION - _ ( � City Attorney fair Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing Amendment No. 2 To The Development Agreement Between The City And Jameck Development, Inc. (Jameck Or Developer), Dated July 23, 2014, For The Design, Development, And Construction Of Certain Streetscape Improvements In The City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (The Project); Said Amendment Approving A City Requested Change Order, In The Amount Of$13,498.88, Relating To The Landscaping For The Project; Providing The Developer Shall Be Responsible For The Unforeseen Environmental Studies And Remediation Relating To The Project, In The Amount Of $2,810, As Well As Any Additional Environmental Costs Which May Arise Relating To The Project; And Increasing The Guaranteed Maximum Price (GMP) Of The Project From $806,340 To$819,838.88 In Connection With Said Change Order And The Additional Environmental Costs; And Increasing The City's Budgeted Costs For The Project, From $458,820 To $466,500.86, To Include The Cost Of The Change Order; And Further Authorizing The Mayor And City Clerk To Execute Amendment No. 2. Key Intended Outcome Supported: Ensure well designed quality capital projects-- Increase Community Satisfaction with City Services Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey, recently completed capital projects were highly rated by both residents and businesses. Item Summary/Recommendation: Jameck Development, Inc. (Developer) approached the City to enter into a development agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and the construction of streetscape improvements in the City's right-of-way (the Project). This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval. On September .2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $786,200; with the Developer paying for any Project costs in excess of the City's cost. On October 14, 2015, pursuant Resolution 2015-29158, the Mayor and City Commission approved Amendment to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $806,340; due to bond insurance requirements with the Developer paying for any Project costs in excess of the City's cost. Thereafter, the City requested the developer leave the existing Copper pod trees at their current location, which in consequence requires additional landscape work. The total cost of the Landscape work is in the amount of$13,498.88, and the City's proportionate contribution (56.90%) of this cost is $7,680.86. This change increases the GMP total amount from $806,340 to $819,838.88. The total cost of the City's contribution would be increased to $466,500.86 if this resolution is approved. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: • Financial Information: Source of nds: Amount Account 1 $7,681 365-2767-069351 Total $7,681 Financial Impact Summary: Funds for this project were approved by the City Commission as part of the City Center Redevelopment District Funds(City Center RDA) in the FY 2012/13 and FY 2013/14 Capital Budget. City Clerk's Office Legislative Tracking: Bruce Mowry, Ext.6565 Sign-Offs: Department Director Assis t City Manager City.Ma 1 f��er JJF ETC , JL i T:\AGENDA\2016` larch Pub is Works\Euclid Street End GMP Arnedment 2 SUMM.docx g-r4 Agenda Item P7Ci. MIAMI BEACH Date 3-9—/h MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSIO MEMORANDUM TO: Mayor Philip Levine and Members o;Ithe City CII' mission FROM: Jimmy L. Morales, City Manager DATE: March 09, 2016 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AMENDMENT NO. 2 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND JAMECK DEVELOPMENT, INC. (JAMECK OR DEVELOPER), DATED JULY 23, 2014, FOR THE DESIGN, DEVELOPMENT, AND CONSTRUCTION OF CERTAIN STREETSCAPE IMPROVEMENTS IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE SOUTH (THE PROJECT); SAID AMENDMENT APPROVING A CITY REQUESTED CHANGE ORDER, IN THE AMOUNT OF $13,498.88, RELATING TO THE LANDSCAPING FOR THE PROJECT; PROVIDING THAT DEVELOPER SHALL BE RESPONSIBLE FOR THE UNFORESEEN ENVIRONMENTAL STUDIES AND REMEDIATION RELATING TO THE PROJECT, IN THE AMOUNT OF $2,810, AS WELL AS ANY ADDITIONAL ENVIRONMENTAL COSTS WHICH MAY ARISE RELATING TO THE PROJECT; AND INCREASING THE GUARANTEED MAXIMUM PRICE (GMP) OF THE PROJECT FROM $806,340 TO $819,838.88 IN CONNECTION WITH SAID CHANGE ORDER AND THE ADDITIONAL ENVIRONMENTAL COSTS; AND INCREASING THE CITY'S BUDGETED COSTS FOR THE PROJECT, FROM $458,820 TO $466,500.86, TO INCLUDE THE COST OF THE CHANGE ORDER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well designed quality capital projects Increase Community Satisfaction with City Services City Commission Memorandum Amendment No. 2 to Development Agreement with Jameck Development, Inc.-Euclid Street End Project March 09, 2016 Page 2 of 3 FUNDING $ 7,681 365-2767-069358 $ 7,681 Total BACKGROUND Jameck Development, Inc. (Developer) approached the City to enter into a development agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and the construction of streetscape improvements in the City's right-of-way (the Project). This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval. On June 5, 2013, the Mayor and City Commission adopted Resolution No. 2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into negotiations with the Developer to design and build the Project. At its June 11, 2014 meeting, the City Commission approved Resolution No. 2014-28628, approving the Development Agreement between Jameck and the City on first reading. At its July 23, 2014 meeting, the Mayor and City Commission approved Resolution No. 2014- 28673 approving the Development Agreement on second and final reading. The Project had a total budgeted cost to the City of $485,820 (City's cost), with any additional funds for the Project to be covered by the Developer. Such City funds were appropriated from Miami Beach Redevelopment Agency (Historic Convention Village/City Center RDA) Funds. ANALYSIS On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $786,200; with the Developer paying for any Project costs in excess of the City's cost. On October 14, 2015, pursuant Resolution 2015-29158, the Mayor and City Commission approved Amendment to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $806,340; due to bond insurance requirements with the Developer paying for any Project costs in excess of the City's cost. Thereafter, the City requested the developer leave the existing Copper pod trees at their current location, which in consequence requires additional landscape work. The total cost of the Landscape work is in the amount of $13,498.88, and the City's proportionate contribution (56.90%) of this cost is $7,680.86. This change increases the GMP total amount from $806,340 to $819,838.88. The total cost of the City's contribution would be increased to $466,500.86 if this resolution is approved. • City Commission Memorandum Amendment No. 2 to Development Agreement with Jameck Development, Inc.-Euclid Street.End Project March 09, 2016 Page 3of3 CONCLUSION • The Administration recommends amending Resolution Number 2015-29127, correcting the GMP Project cost to reflect $819,838.88, the City's total contribution increasing to $466,500.86 with the Developer assuming the GMP costs above the City's Contribution, and reflecting the inclusion of the Additional work in Amendment No. 2 to the Development Agreement. JLM/ /JJF/BAM/WR:/JR • T:\AGENDA\2016\March\Public Works\Euclid Street End GMP Amedment 2 Memo.docx • • • • • • •