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2016-29453 Reso RESOLUTION NO. 2016-29453 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE CITY MANAGER IN CERTIFYING AN EMERGENCY PURSUANT TO SUBSECTION 287.055(9)(c)(6)(a)(1), FLORIDA STATUTES, ALL AS MORE SPECIFICALLY SET FORTH IN THIS RESOLUTION AND THE ACCOMPANYING MEMORANDUM; AND AS PERMITTED PURSUANT TO SECTION 2-367(e) OF THE CITY CODE, WAIVING, BY 5/7 VOTE OF THE CITY COMMISSION, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST; FURTHER, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 8, IN THE AMOUNT OF $2,688,006, TO DESIGN-BUILD CONTRACT (DBC) WITH BERGERON LAND DEVELOPMENT, INC., DATED APRIL 30, 2014 (THE AGREEMENT), RELATED TO THE COMPLETION OF ROADWAY IMPROVEMENTS ALONG WEST AVENUE, BETWEEN 6TH AND 8TH STREETS, AND 10TH, 14TH, AND 17TH STREETS, WEST OF ALTON ROAD; SAID CHANGE ORDER NO. 8, PROVIDING FOR AN ADDITION TO THE SCOPE OF WORK TO INCLUDE: CONTAMINATED SOIL DISPOSAL, STREET LIGHTING ADJUSTMENTS, ROADWAY ADJUSTMENTS, ADDITIONAL GRAVITY WALLS AND SIDEWALKS, DRAINAGE FOR HARMONIZATION, PARK DRIVEWAYS, LANDSCAPING, RE-WRITING LIGHTING SPECIFICATIONS, PAINTING OF FLY-OVER, AND ASSOCIATED PERMITTING. WHEREAS, at its March 14, 2007 meeting, the City Commission adopted the "Basis of Design Report" (BODR) for the West Avenue — Bay Road Neighborhood Right-of-Way Improvement Project; and WHEREAS, the BODR improvements included road reconstruction, sidewalks and bicycle circulation, installation of stormwater drainage systems, upgrade to the water distribution system, landscaping, street parking, and street calming features; and WHEREAS, on February 12, 2014, the City Commission approved, pursuant to subsection 287.055(9)(c)(6)(a)(1), Florida Statutes, an emergency procurement of a Design Build Contract (DBC) to Bergeron Land Development, Inc., which DBC was executed on dated April 30, 2014 (the Agreement) to construct stormwater drainage pump stations at 6th, 10th and 14th Streets; and WHEREAS, thereafter, over the past two years, the City Commission approved seven (7) additional Change Orders to the DBC, in order to include improvements to the West Avenue Neighborhood at the following right-of-ways: West Avenue from 6th to 8th Streets; 14th, 10th and 6th Streets from Alton Road to the Bay; 17th Street from Alton Road to Collins Canal; West Avenue from Lincoln Road to Collins Canal; and the construction of a new pump station at the intersection of 17th Street and West Avenue; and WHEREAS, Change Order No. 8 proposes to include the following additional scope of work: • Removal and disposal of contaminated soil; • Street lighting adjustments; • Roadway elevation adjustments; • Additional gravity walls and sidewalks; • New drainage for harmonization; • Landscaping maintenance plan, landscaping and sidewalks; • Park driveways; • Re-writing of City Ordinance and Specifications for Street Lighting; • Permitting for Stantec (subcontractor engineering services); and • Painting of the Alton Fly Over; and WHEREAS, as part of the existing scope of work Bergeron has uncovered contaminated soils, the removal which exceeds the budget for this work on West Avenue due to DERM requiring a special method of disposal for the material, which is not within the scope of work already authorized under the prior change orders; and WHEREAS, another portion of the work contemplated under Change Order No. 8, is to be provided to Stantec for their support to the work associated with the permitting and disposal of dewatering by other means than the sanitary sewer; and WHEREAS, at the request of the City Administration, Stantec and Bergeron have retained a special consultant to provide direction relating to DERM's dewatering requirements, which consultant services were not considered in prior change orders, therefore, the costs associated with the retention of the consultant are included in this Change Order No. 8; and WHEREAS, an additional reason for Change Order No. 8, is due to the City's changing light standards, that the City Commission subsequently adopted after the prior change orders were issued, and the lighting change would be consistent with the City Commission's direction; and WHEREAS, finally, Change Order No. 8, would allow for harmonization of the street elevations for access of adjacent owners of the right-of-ways, which harmonization was not within the scope of prior change orders; and WHEREAS, Change Order No. 8 is being requested to complete the current West Avenue Neighborhood Improvements and the cost is estimated at $2,688,006; which includes a 10% owner's contingency in the amount of$244,364; and WHEREAS, based upon the foregoing, the City Manager certifies an emergency pursuant to subsection 287.055(9)(cX6)(a)(1), Florida Statutes and WHEREAS, the City Manager and the Administration, pursuant to Section 2-367(e) of the City Code, seek the City Commission's waiver, by 5/7 vote, of the competitive bidding requirement, as it is in the City's best interest to waive the requirements due to the foregoing reasons. 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 accept the findings and recommendation of the City Manager in certifying an emergency pursuant to subsection 287.055(9)(c)(6)(a)(1), Florida Statutes, all as more specifically set forth in this resolution and the accompanying memorandum; and as permitted pursuant to section 2- 367(e) of the City Code, waiving, by 5/7 vote of the City Commission, the competitive bidding requirement, finding such waiver to be in the City's best interest; and approving and authorizing the Mayor and City Clerk to execute Change Order No. 8, in the amount of $2,688,006, to Design-Build Contract (DBC) with Bergeron Land Development, Inc., dated April 30, 2014 (the Agreement), related to the completion of roadway improvements along West Avenue, between 6th and 8th Streets, and 10`h, 14`h, and 17th Streets, west of Alton Road; said Change Order No. 8, providing for an addition to the scope of work to include: contaminated soil disposal, street lighting adjustments, roadway adjustments, additional gravity walls and sidewalks, drainage for harmonization, park driveways, landscaping, re-writing lighting specifications, painting of fly- over, and associated permitting. PASSED and ADOPTED this S day of June, 2016. ATTEST: Philip -vin (-4/or (n/rill v Ra ael E. r nado, Ity Clerk APPROVED AS TO FORM & LANGUAGE &FOR EXEC •N T:\AGENDA\2016\June\Public Works\Bergeron. Reso.docx �. /� /(v Hy-Attorney/1, •. COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Findings And Recommendation Of The City Manager In Declaring An Emergency Pursuant To Subsection 287.055(9)(C)(6)(A)(1), Florida Statutes,All As More Specifically Set Forth In This Resolution And The Accompanying Memorandum;And As Permitted Pursuant To Section 2-367(E) Of The City Code, Waiving, By 5/7 Vote Of The City Commission, The Competitive Bidding Requirement, Finding Such Waiver To Be In The City Best Interest; Further,Authorizing The City Manager To Take The Following Actions To Procure The Necessary Services Under The Change Order No. 8; Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 8, In The Amount Of$2,688,006, To Design-Build Contract (DBV) With Bergeron Land Development, Inc., Dated April 30, 2014 (The Agreement), Related To The Completion Of Roadway Improvements Along West Avenue Between 6th And 8th Streets,And 10th, 14th, And 17th Streets, West Of Alton Road; Said Change Order No. 8, Providing For An Addition To The Scope Of Work To Include: Contaminated Soil Disposal, Street Lighting Adjustments, Roadway Adjustments,Additional Gravity Walls And Sidewalks, Drainage For Harmonization, Park Driveways, Landscaping, Re-Writing Lighting Specifications, Painting Of Fly-Over, And Associated Permitting. Key Intended Outcome Supported: Item Summary/Recommendation: At its March 14, 2007 meeting, the City Commission adopted the"Basis of Design Report" (BODR)for the West Avenue—Bay Road Neighborhood right of way improvement project. The BODR improvements included road reconstruction, sidewalks and bicycle circulation, installation of stormwater drainage systems, upgrade to the water distribution system, landscaping, street parking, and street calming features. On February 12,2014,the City Commission based upon the BODR,was awarded pursuant to subsection 287.055(9)(c)(6)(a)(1), Florida Statute,an emergency procurement of a Design Build Contract(DBC)to Bergeron Land Development,Inc.,which DBC was executed on dated April 30, 2014 (the Agreement)to construct stormwater drainage pump stations at 6th, 10th and 14th Streets. Thereafter, over the past two years,the City Commission approved seven (7) additional Change Orders to the DBC, in order to include improvements to the West Avenue Neighborhood at the following rights-of-way:West Avenue from 6th to 8th Streets; 14tH 10th and 6 Streets from Alton Road to the bay; 17th street from.Alton Road to Collins Canal;West Avenue from Lincoln Road to Collins Canal; and the construction of a new pump station at the intersection of 17th Street and West Avenue. Change Order No. 8 proposes to include the following additional scope of work: • Removal and disposal of contaminated soil; • Street lighting adjustments; • Roadway elevation adjustments; • Additional gravity walls and sidewalks; • New drainage for harmonization; • Landscaping maintenance plan, landscaping and sidewalks; • Park driveways; • Re-writing of City Ordinance and Specifications for Street Lighting; • Permitting for Stantec(subcontractor engineering services); and • Painting of the Alton Fly Over. As part of the existing scope of work Bergeron has uncovered contaminated soils,the removal which exceeds the budget for this work on West Avenue due to DERM requiring a special method of disposal for the material,which is not within the scope of work already authorized under the prior Change Orders. Another portion of the work contemplated under Change Order No.8,is to be provided to Stantec for their support to the work associated with the permitting and disposal of dewatering by other means than the sanitary sewer. At the request of the City Administration, Stantec and Bergeron have retained a special consultant shall provide direction relating to DERM's dewatering requirements, which consultant services were not considered in prior change orders, therefore,the costs associated with the retention of the consultant are included in this Change Order No.8. An additional reason for Change Order No. 8, is due to the City's changing light standards, that the City Commission subsequently adopted after the prior change orders were issued,and the lighting change would be consistent with the City Commission direction. Finally,Change Order No. 8,would allow for harmonization that of the street elevations for access of adjacent owners of the right of way,which harmonization was not within the scope of prior change orders. Change Order No. 8 is being requested to complete the current West Avenue Neighborhood Improvements and the cost is estimated at$2,688,006;which includes a 10%owner's contingency in the amount of$244,364. Based upon the foregoing,the City Manager declares an emergency pursuant to subsection 287.055(9)(c)(6)(a)(1),Florida Statutes. The City Manager and the Administration, pursuant to section 2-367(e) of the City Code, seek the City Commission's waiver, by 5/7 vote, of competitive bidding requirement, as it is in the city best interest to waive the requirements due to the foregoing reasons. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPT THE RECOMMENDATION AND FINDINGS OF THE CITY MANAGER IN DECLARING AN EMERGENCY PURSUANT TO SUBSECTION 287.055(9)(C)(6)(A)(1),FLORIDA STATUTES,AND AS PERMITTED PURSUANT TO SECTION 2-367(E) OF THE CITY CODE, WAIVING, BY 5/7 VOTE OF THE CITY COMMISSION, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY Agenda Item 1121 R /\AIAAAIRFAC'H Date 6-8-1(o MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY SERVICES UNDER THE CHANGE ORDER NO. 8. Advisory Board Recommendation: Financial Infor •tion: Source of Amount Account Approved Funds: 1 $806,402 Storm water line of credit (� /1 2 $1,881,604 Neighborhoods Fund 384- Subject to � J ,,,/1 Capital Budget Amendment O P Total $2,688,006 Fin n ial Impact Summary: City C erk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: Department ctor Assistant Manager City nager JJF ETC , JLM T:WGENDA\2016\June\PUBLIC WORKS\Bergeron CO No 4..Summaryupdated.doc MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSIO MEMORANDUM TO: Mayor Philip Levine and Members of he City Co ission FROM: Jimmy L. Morales, City Manager DATE: June 8, 2016 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEP ING THE FINDINGS AND RECOMMENDATION OF THE CITY MANAGER IN DECLARING AN EMERGENCY PURSUANT TO SUBSECTION 287.055(9)(c)(6)(a)(1), FLORIDA STATUTES, ALL AS MORE SPECIFICALLY SET FORTH IN THIS RESOLUTION AND THE ACCOMPANYING MEMORANDUM; AND AS PERMITTED PURSUANT TO SECTION 2-367(e) OF THE CITY CODE, WAIVING, BY 5/7 VOTE OF THE CITY COMMISSION, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY BEST INTEREST; FURTHER, AUTHORIZING THE CITY MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY SERVICES UNDER THE CHANGE ORDER NO. 8; APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 8, IN THE AMOUNT OF $2,688,006, TO DESIGN-BUILD CONTRACT (DBC) WITH BERGERON LAND DEVELOPMENT, INC., DATED APRIL 30, 2014 (THE AGREEMENT), RELATED TO THE COMPLETION OF ROADWAY IMPROVEMENTS ALONG WEST AVENUE BETWEEN 6TH AND 8TH STREETS, AND 10TH,. 14TH, AND 17TH STREETS, WEST OF ALTON ROAD; SAID CHANGE ORDER NO. 8, PROVIDING FOR AN ADDITION TO THE SCOPE OF WORK TO INCLUDE: CONTAMINATED SOIL DISPOSAL, STREET LIGHTING ADJUSTMENTS, ROADWAY ADJUSTMENTS, ADDITIONAL GRAVITY WALLS AND SIDEWALKS, DRAINAGE FOR HARMONIZATION, PARK DRIVEWAYS, LANDSCAPING, RE-WRITING LIGHTING SPECIFICATIONS, PAINTING OF FLY-OVER, AND ASSOCIATED PERMITTING. FUNDING Amount Description $806,402 Storm water line of credit $1,881,604 neighborhoods Fund 384- Subject to Capital Budget Amendment $2,688,006 Commission Memorandum — Bergeron Design-Built Agreement With Bergeron Land Development, Inc. Page 2 BACKGROUND At its March 14, 2007 meeting, the City Commission adopted the "Basis of Design Report" (BODR) for the West Avenue — Bay Road Neighborhood right of way improvement project. The BODR improvements included road reconstruction, sidewalks and bicycle circulation, installation of stormwater drainage systems, upgrade to the water distribution system, landscaping, street parking, and street calming features. On February 12, 2014, the City Commission based upon the BODR, was awarded pursuant to subsection 287.055(9)(c)(6)(a)(1), Florida Statute, an emergency procurement of a Design Build Contract (DBC) to Bergeron Land Development, Inc., which DBC was executed on dated April 30, 2014 (the Agreement) to construct stormwater drainage pump stations at 6th, 10th and 14th Streets. Thereafter, over the past two years, the City Commission approved seven (7) additional Change Orders to the DBC, in order to include improvements to the West Avenue Neighborhood at the following rights-of-way: West Avenue from 6th to 8th Streets; 14th, 10th and 6th Streets from Alton Road to the bay; 17th street from Alton Road to Collins Canal; West Avenue from Lincoln Road to Collins Canal; and the construction of a new pump station at the intersection of 17th Street and West Avenue. Change Order No. 8 proposes to include the following additional scope of work: • Removal and disposal of contaminated soil; • Street lighting adjustments; • Roadway elevation adjustments; • Additional gravity walls and sidewalks; • New drainage for harmonization; • Landscaping maintenance plan, landscaping and sidewalks; • Park driveways; • Re-writing of City Ordinance and Specifications for Street Lighting; • Permitting for Stantec (subcontractor engineering services); and • Painting of the Alton Fly Over. As part of the existing scope of work Bergeron has uncovered contaminated soils, the removal which exceeds the budget for this work on West Avenue due to DERM requiring a special method of disposal for the material, which is not within the scope of work already authorized under the prior Change Orders. Another portion of the work contemplated under Change Order No. 8, is to be provided to Stantec for their support to the work associated with the permitting and disposal of dewatering by other means than the sanitary sewer. At the request of the City Administration, Stantec and Bergeron have retained a special consultant shall provide direction relating to DERM's dewatering requirements, which consultant services were not considered in prior change orders, therefore, the costs associated with the retention of the consultant are included in this Change Order No. 8. An additional reason for Change Order No. 8, is due to the City's changing light standards, that the City Commission subsequently adopted after the prior change orders were issued, and the lighting change would be consistent with the City Commission direction. Finally, Change Order No. 8, would allow for harmonization that of the street elevations for access of adjacent owners of the right of way, which harmonization was not within the scope of prior change orders. Commission Memorandum - Bergeron June 08, 2016 Page 3 Change Order No. 8 is being requested to complete the current West Avenue Neighborhood Improvements and the cost is estimated at $2,688,006; which includes a 10% owner's contingency in the amount of$244,364. Based upon the foregoing, the City Manager declares an emergency pursuant to subsection 287.055(9)(c)(6)(a)(1), Florida Statutes. The City Manager and the Administration, pursuant to section 2-367(e) of the City Code, seek the City Commission's waiver, by 5/7 vote, of competitive bidding requirement, as it is in the city best interest to waive the requirements due to the foregoing reasons. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation and findings of the City Manager in declaring an emergency pursuant to Subsection 287.055(9)(c)(6)(a)(1), Florida Statutes, and as permitted pursuant to Section 2-367(e) of the City Code, waiving, by 5/7 vote of the City Commission, the competitive bidding requirement, finding such waiver to be in the City's best interest; further, authorizing the City Manager to take the following actions to procure the necessary services under the change order no. 8. JLM / / BAM 4 EB •