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2003-25118 ResoRESOLUTION NO. 2003-25118 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, PURSUANT TO SECTION 255.20(10), FLORIDA STATUTES, AND CHAPTER 2, ARTICLE VI, DIVISION 3, SECTION 2-367(E) OF THE CITY OF MIAMI BEACH CODE, RESPECTIVELY, WAIVING, BY 517TH VOTE, COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROVIDE THE NECESSARY CONSTRUCTION SERVICES FOR THE PINE TREE AND LA GORCE TRAFFIC CALMING PROJECT, WHICH MORE SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE LANDSCAPING AND UPLIGHTING OF 19 CENTER MEDIAN TRAFFIC SEPARATORS ON LA GORCE DRIVE AND PINE TREE DRIVE; ALLOWING FOR THE EXECUTION OF A CONSTRUCTION CONTRACT WITH AN APPROPRIATELY LICENSED PRIVATE SECTOR CONTRACTOR, PURCHASE ORDERS AND ASSOCIATED AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT, IN AN AMOUNT NOT TO EXCEED $420,000, FOR THE CONSTRUCTION PHASE OF SAID PROJECT, DERIVED FROM MIDDLE BEACH QUALITY OF LIFE FUNDS, AND ORIGINALLY APPROPRIATED BY RESOLUTION 2000-23992. WHEREAS, pursuant to Section 255.20, Flodda Statutes, and the procedures established in Chapter 2, Article VI, Division 3, Section 2-367(e) of the City of Miami Beach Code, the Mayor and City Commission may, by 5/7th vote, waive competitive bidding requirements if it is in the best interest of the City; and WHEREAS, the procedure for said waiver entails setting a public headng, pursuant to Flodda Statutes 255.20(a) (10), which requires that the public be duly noticed at least fourteen (14) days prior to the date of the meeting and that the estimated cost of the project and the purpose for the waiver of competitive bidding for said Project be stated; and WHEREAS, the construction budget of the Pine Tree And La Gome Traffic Calming Project (Project) is an amount not to exceed $420,000, which is a portion of funds originally appropriated by Resolution No. 2000-2399, in the amount of $470,000, to plan, design and construct said Project; and WHEREAS, it is in the best interest of the City to waive competitive bidding for the selection of an appropriately licensed private contractor to expedite the implementation of landscaping and uplighting traffic calming elements within 19 center median traffic separators on La Gorce Ddve and Pine Tree Drive; and WHEREAS, unforeseen design delays in the Project have hindered the installation of landscaping created to provide a traffic calming element within the center median traffic separators; and WHEREAS, in the one year period, January 1999 to December 1999, prior to the creation of the center median traffic separators, there were 56 accidents calls, 4 with injuries, to the Miami Beach Police Department; and WHEREAS, in the two year period after the creation of the center median traffic separators, from Mamh 2000 to March 2002, there were 180 accident calls, 30 with injuries, for an annual average of 90 accident calls, 15 with injuries; and WHEREAS, the increase in accident calls after installation of the medians without landscaping is 40%, which constitutes an undue hardship on the public health, safety and welfare; and WHEREAS, on February 5, 2003, the Mayor and City Commission held a duly noticed public hearing pursuant to Section 255.20 (10), Flodda Statutes, to consider the waiver set forth herein; and as said waivers are further provided pursuant to Chapter 2, Article IV, Division 3, Section 2-367 (E); and WHEREAS, the consultant of record for the Project, Vanasse Daylor, has provided, pursuant to Section 255.20(a)(10)(d) of Florida Statutes, a written recommendation, more particularly described in Exhibit ^, that said Project be awarded without competitive selection to an appropriately licensed and experienced pdvate sector contractor; and WHEREAS, additionally, based upon the Administration's recommendations; the consultant of record's recommendation; and all other Documentation in the Commission Memorandum and the Project file outlining the necessity for the requested waiver, the Mayor and City Commission find that there is sufficient justification for the waiver requested herein. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission herein, following a duly noticed public hearing pursuant to Section 255.20(10), Florida Statutes, and Chapter 2, Article VI, Division 3, Section 2-367(e) of the City of Miami Beach Code, respectively, waive, by 5/7th Vote, Competitive Bidding, finding such Waiver to be in the best interest of the city, and authorizing the City Manager to take the following actions to provide the necessary construction services for the Pine Tree and La Gorce Traffic Calming Project, which more specifically includes, but is not limited to, the landscaping and uplighting of 19 center median traffic separators on La Gorce Drive and Pine Tree Drive; allowing for the execution of a construction contract with an appropriately licensed private contractor, purchase orders and associated agreements, in a form acceptable to the City Attorney, for said Project, in an amount not to exceed $420,000, for the construction phase of said Project, derived from Middle Beach Quality Of Life Funds, and originally appropriated by Resolution No. 2000-23992. ATTEST: PASSED AND ADOPTED THIS 5th DAY OF FEBRUARY, 2003. CITY CLERK EXHIBIT A Vanasse Daylor February 3, 2003 Tim Hemstreet Capital. Improvement Office The City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Urban Planning L;ndgape Architecture Civil Engineering Traffic Engineering Envirnnmental Science Dear Mr. Hcmstrcet: VanasseDaylor is the City's landscape architect and prime consultant on the La Gorce Drive and Pine Tree Drive medians landscape project. Our function has been and continues to be assisting the City in the planning, design and construction observation, of this project. The inclusion of landscape planting within thc 19 traffic median sc-parators constructed on La Gorce Drive and Pine Tree Drive between. 51at Street and 63rd Street is an integral element oftl~e La Gorce Drive and Pine Tree Drive Median Project. The landscape planting is designed to enhance the traffic calming features of the mexlian separators while also adhering to Miami-Dare County Right of Way Standards. Since thc time thc medians were constructed without the completion of the landscape planting element, the Cily staffhas docmnented that there has been a 40% increase in accident calls to the Miami Beach Police Department. The installation of median landscaping can be expedited, thereby allowing the enhancement of traffic calming features to be installed sooner, ifa formal bid process is waived and an appropriate, licensed private contractor is selected to install the landscaping. It is my understanding that City staffhas compiled a list of contractors with such appropriate experience to complete this project. Sincerely, Robert Mitchell, ASLA Director of Landscape Architecture VanasseDaylor T:\Projectf~803\80309 - Miami Beach,0309 L,cttcr 05 A-P., Bid waiver,doc 12730 New Brittany Boulevard, Suite 600, Fort. I~yers, Florida 33907 ir 239,437.4601 iF 239.437,4636 w vanday, com For~ Hynn - Naples CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: Approve a Waiver of Competitive Bidding to provide the necessary construction services and materials for the Pine Tree and La Gorce Traffic Calming Project; Allowing for the execution of emergency construction contracts, purchase orders and associated agreements, in an amount not to exceed $420,000, derived from Middle Beach Quality of Life funds, which were originally appropriated by the Commission on July 12, 2000. Issue: Should the City waive competitive bidding to expedite the placement of landscaping and uplighting traffic calming features within the current center median traffic separators, on Pine Tree and La Gorce Drive thereby alleviating an immediate dan~ler to public health and safety? Item Summa~lRecommendation: Pursuant to Flodda State Statute a competitive bid may be waived if it is determined that there is an immediate public health or safety dsk. Since June 12, 2000, when a service order for design services was executed, the Pine Tree and La Gorce Traffic Calming Project has encountered a sedes of delays as a result of differences between resident requests and County requirements. Additional City and FPL utility constraints have contributed to this delay within the last 6 months. However, dudng this time period, there have been 180 accidents reported to the Miami Beach Police Department, which intimates an immediate danger to public safety and health. This is an average of 90 per 12 month pedod. In the pedod of time preceding the initial construction of the not landscaped medians, from January 1999 until December 1999, there were 56 accidents in a 12 month pedod. If a waiver is approved, ClP Office will compile bid documents in the standard format, when construction documents are complete and accepted by the County. These bid documents will be transmitted to not less than five contractors approved by CIP and Parks and Recreation. Pdce negotiations will ensue and a recommendation to execute a contract with the chosen contractor will be brought to the Mayor and Commission at the February 26, 2002 or March 19~ 2002 Commission Meetincj. Advisory Board Recommendation: J N/A Financial Information: Amount to be expended: Funds: Finance Dept. City Clerk's Office Legislative Tracking: J Stacy Kilroy, Senior Capital Projects Planner, ClP Office n-Offs: AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~.J www.ci.miami-beach .fl .us ~ To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: February 5, 2003 Members of the City Commission Jorge M. Gonzalez ~ City Manager (/')- b/ A RESOLUTION'OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 5/'/THS VOTE, A WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AUTHORIZING THE CITY MANAGER TO TAKE ALL EMERGENCY, NECESSARY AND APPROPRIATE ACTIONS TO PROVIDE THE NECESSARY CONSTRUCTION SERVICES AND MATERIALS FOR THE PINE TREE AND LA GORCE TRAFFIC CALMING PROJECT, WHICH MORE SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE LANDSCAPING AND UPLIGHTING OF 19 CENTER MEDIAN TRAFFIC SEPARATORS ON LA GORCE DRIVE AND PINE TREE DRIVE; ALLOWING FOR THE EXECUTION OF EMERGENCY CONSTRUCTION CONTRACTS, PURCHASE ORDERS AND ASSOCIATED AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT, IN AN AMOUNT NOT TO EXCEED $420,000, FOR CONSTRUCTION, DERIVED FROM MIDDLE BEACH QUALITY OF LIFE FUNDS, AS APPROPRIATED BY RESOLUTION 2000-23992. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Pursuant to Flodda State Statute 255.20(10)bii, a competitive bid may be waived if it is determined that there is "undue hardship on the public health, safety, or welfare." The procedure for such a waiver entails holding a public meeting, pursuant to Flodda State Statute 286.011, the purpose of which is to consider whether it is in the public's best interest to award the project without a competitive bid. In eady 2000, the City of Miami Beach finalized negotiations with Miami-Dade County, at the request of area residents, to take-over the median landscaping component of the County's Ca..pital Improvement Project on La Gorce Drive and Pine Tree Ddve between 51st Street and 63'u Street. On June 12, 2000, the first service order for landscape design services with Robert Pine Tree and La Gorce Medians Bid Waiver Commission Memo February 5, 2003 Page 2 of 3 Mitchell, III, of Vanasse Daylor, was executed by the City. Since then, the project has encountered a series of design related delays that have left the center median traffic separators without the requisite landscaping and uplighting elements needed to provide traffic calming measures on La Gorce Drive and Pine Tree Drive. These delays and their history were the subject of a separate Commission Discussion Item included in the December 11,2002 agenda, which is attached as Exhibit 2. The addition of the landscaping and uplighting elements is crucial to the traffic calming effect of the medians. From March 2000 to March 2002, there were 180 accidents in the area in question. From January 1999 to December 1999, there were 56 accidents. This information aligns with comments from area residents that the number of accidents has increased since the construction of the medians without landscaping. However, the safety issues that have occurred over the history of the project also include public and private property damage and at least seven fatalities. ACCIDENTS ON PINE TREE AND LA GORCE DRIVE 51=r Street to 63~ Street TIME PERIOD ACCIDENT CALLS INJURIES Mar 2000-Mar 2002 180 30 (90 Der 12 months) (15 per 12 months) Jan 1999- Dec 1999 56 4 A waiver of competitive bidding would expedite the construction of the project, presumably preventing approximately 8 accidents a month or 2 accidents a week. These statistics are based on reported accidents only. A waiver has been estimated to save at least 2 months of time. A waiver of competitive bidding would also allow the City to negotiate with a list of not less than five qualified contractors whose previously completed streetscape projects have demonstrated an expertise in landscape, irrigation and uplighting installation (Exhibit 1). These items are crucial to the successful execution of this project. In particular, this is a necessary component of the efficacy of the landscaped traffic calming elements within the center median traffic separators. The contractor, based on the design documents, must maintain a balance between installing landscaping to prevent speeding and adhering to sight lines and clear zone requirements for traffic safety. Negotiating with a list of contractors selected on past experience is also important for the protection of the City's utilities, which criss-cross underneath the center medians at depths of no greater than 2 % feet. The City's sewer force main, stormwater system, and water lines, as well as FPL lines and vaults, present conflicts that complicate the construction of this project. Extremely specialized hand digging and directional boring are necessary to implement the landscaping portion. Furthermore, a qualified contractor will have experience with working on heavily traveled rights of way while the project is under Pine Tree and La Gorce Medians Bid Waiver Commission Memo February 5, 2003 Page 3 of 3 construction. Pine Tree Drive and La Gorce Ddve are much used collector streets that, when under construction, will affect City traffic patterns. The attached list of selected contractors was approved by CIP and the Parks and Recreation Department, which will maintain the medians after completion. The selection was based on examples of previous work completed, the standard of the work and its perceived longevity, and the professional conduct of the company with respect to execution of its construction projects. If a waiver is approved, CIP will prepare bid documents in the standard format and, with the assistance of the Procurement Department, contact and negotiate with the contractors. Below is a timeline for the project. Projected Timeline Electrical negotiations/design Coordinate and Permit documents Bid No Bid Execute Contract NTP/Mobilization 6-9 months with bid 4.5-6 months without 45 calendar days 20 calendar days 90-120 calendar days 45-60 calendar days 14 calendar days 14 calendar days i:~MGG~ DA~~M0(3J~T\~H~0~k~egular~Pine Tree La Gorce Medians Bid Waiver~Pine Tree La Gorce Medians Bid Waiver MEMO.doc EXHIBIT I CONTRACTORS In alphabetical order Amzoza Brothem Co~omtion PO Box 924890 Pdnceton, FL 33092 (305)246-3223 Everglades Envimnmental PO Box 297200 Pembmke Pines, FL 33029 (954)430-1787 Florida Lawn Sewices PO Box 831719 Miami, FL 33283 (305)553-2377 Tmpics NoAh 26401SW107~ Avenue Princeton, FL 33032 (305) 258-0809 Vila and Son Landscaping Corporation 20451 SW 216th Street Miami, FL 33170 (305) 255 9206 EXHIBIT. CITY OF MIAMI BEACH CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ~' · .~ w. rd.miami- ~._-~.fl.us ~ To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: December 11, 2002 Members of the City Commission Jorge M. Gonzalez City Manager DISCUSSION ITEM ON LA GORCE/PINE TREE TRAFFIC CALMING MEDIANS The original scope of services for the La Gorce and Pine Tree Drive median project involved the installation of the median islands, trees and ground cover in the medians and in the swale (where feasible), irrigation, and up-lighting in the medians. The project was the result of resident demands for a traffic-calming project. Miami-Dade County agreed to the project in 1999. Almost immediately, issues arose in the project and it was decided that although both streets are County rights-of-way, the County would install the medians and the landscape design and construction portion would be managed by the City since residents preferred a more elaborate and expensive landscape treatment than the County had planned. The project budget for the landscape portion is $220,000. The total project budget including irrigation and lighting is $470,000. The main concern as voiced by the residents at the time was related to adding a tree canopy in the medians in order to have a "traffic calming effect". However, meeting sight lines and other traffic requirements necessary for the permitting of the project entailed intensive negotiations with the County. As a result, the project went through several periods of "on-again/off-again/on-again" status. The County finally agreed to permit the project in 2001. The Designer, Vanasse & Daylor, was chosen from the City's list of rotational architectural and engineering firms. They originally proposed clusters of palm trees as the primary median treatment with supporting ground cover and up-lighting. The community voiced stringent opposition to this design and the Assistant City Manager over Public Works at the time agreed to allow large canopy trees in the medians, such as Mahogany and Oak trees. Design proceeded under this direction. In December 2001, the current Public Works Director reviewed the design and determined that the proposed large canopy trees would not be acceptable due to the fact that clay sanitary sewer and stormwater utility pipes are located approximately 36' below the surface and within the medians. The primary reason for rejecting the design is that the root systems of these large canopy trees will grow into the pipes which can cause breaks in the lines within a few years. Staff estimated the cost of relocating just the sanitary sewer pipes alone at over $2 million and determined that it was not cost effective. As a result, the Designer was asked to select appropriate trcc3 that would mimic, as closely as possible, the shade effect of the canopy trees and avoid the root intrusion problem. In January 2002, at the request of the community and to correct a hazardous condition caused by Agenda Item ~) Date /,,;-//-dA 396 Commission Memorandum December 11, 2002 La Gorce/Pine Tree Medians Page 2 of 3 drivers making left hand turns from the right southbound lane and cuffing off left lane vehicles, the Public Works Department extended the length of ten medians on La Gorce Drive. Additional community meetings were held to explain the problem and a mixture of Blue Latan palms and Key Thatch palms were chosen along with complementary ground cover for the medians. The City directed the consultant to continue with the design on that basis. The final community meeting on this issue was held on April 18, 2002. The scope of the original County portion of the project (installation of the medians) included connecting irrigation lines and electrical conduit from the medians to, or near, existing utilities. This would limit the City's portion of the project to connecting the irrigation and up- lighting to the termination points within the medians for the respective utility. However, in May 2002, it was ascertained that Miami-Dade County did not have as-built drawings of the County's median construction project. The only available information was from the "proposed" drawings. The main issues raised by this lack of detail were: 1) The depth of the City's own Stormwater, water, and sanitary sewer lines that crisscross the medians were not field verified. Because in some instances these utilities are reflected on Public Works Department maps as being as shallow as three feet (very shallow), it was necessary to field verify actual depths to protect the utilities, assess if and how much of additional cover (if any) needed to be designed, and to formulate how much hand digging the contractor would have to do so as to not break any lines. 2) The City's proposed plans did not show any irrigation or electrical connections. It became important to ascertain whether or not Miami-Dade County had installed the necessary PVC conduit under the pavement and had "pulled the wire" through to the median. Irrigation had been installed. However, inspectors and field staffcould not say for certain that the electrical conduit had been installed and electric wire pulled. Without wire, lines have to be dropped from poles, meters installed and the scope of services for the City portion of the project enlarged. Without conduit, the street would have to be cut (it is brand new) to install the conduit and then the wire pulled through the conduit. This expense would be very large and also unforeseen. In the first week of November 2002, it was finally determined that the electrical conduit is present, but the wire was not pulled to the median. It was additionally determined that an electrical duct bank is also within the median. The CIP office began negotiations with the consultant for electrical design from the Right of Way to the Median. The electrical design is projected to be completed 45 days after the execution of a contract with the electrical consultant. As an additional note, because of the potential life safety risk of the non-landscaped islands (179 reported accidents; 30 with injuries in the last two years), the Administration has researched the possibility of asking the City Commission to consider an emergency waiver of competitive bidding requirements. After discussion between the CIP Office and the Procurement Division and a review of the Florida Statutes, it appears that there may be justification for this option because of the high rate of documented traffic accidents and because residents report that accidents have increased. 397 Commission Memorandum December 11, 2002 La Gorce/Pine Tree Medians Page 3 of 3 With the assistance of the Parks and Recreation Department, a list of 5 qualified contractors has been compiled. If the option to waive competitive bidding is chosen, the bid package would be given to this list of five contractors and they would prepare a price estimate/response. After review by ClP, Parks and Public Works staff, a contractor could be recommended to the City Manager for approval. Projected Timeline Electrical negotiations/design Coordinate and Permit documents Bid No Bid Execute Contract NTP/Mobilization 45 calendar days 20 calendar days 90-120 calendar days 45-60 calendar days 14 calendar days 14 calendar days 6-9 months with bid 4.5-6 months without While the Waiver of Competitive Bidding may shorten the procurement process by up to three months, it still places the time frame for start of construction at least 4 to 5 months from now. Admittedly, the process for the project has been long and frustrating for many people, including the City Commission, residents, and staff. However, it is important to ensure that the project that is ultimately designed is constructible and a benefit to the community. The more recent set-backs were issues identified by current staff dudng their review of the project documents and are intended to improve the end product. This is offered as background information. Should you have further questions or concems regarding this memo, please do not hesitate to contact me. JMG/~EWIr T:~A~D~E~EC1102~REGULAR~La Gome-Pine Tree Traffic Medians.doc 398 CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given' that a pub ic hearing will be' held by the City Commission of the City of Miami Beach, in the ...fl~x~., City Hell, 1700 Convantlon ~. ..... ,~.,. ~_ C.g..mini.ss/on Chambem, 3rd w Feb ,,~mm u.ve, Mlam Beach Fir ..e~- , ruaryS, 2003at 10:1Oa m , Florida, on' onda Statutes , ,, pursuant To Sect/on , And Chapter 2, ArtlcJe VI Dlv City Of. Miami Beach Code. r , _l_s~,3, .S. ectfon 2-367 Of · espectivel to u (L:) The ~, oTa waiver of corundum,,= .,.~,.~Y'~ 4. onsl~r the approval by ~emst of the City, and her'"~i'~ ~'~'~'~l"nmng macll waiver to be In anager to take all PP p ating funds, and emergency, naceSee an ann authorizing the Cily ~e nace~ary construction eervicos .~.rY_~_!d_ ,ap.p~.pri..ate actions to provide gtco traffic Calming project, which more s ecj ..u mamnms lot [ne Pine 11;ee and La _ rnlte~ to, the landsca inn a ,,..-.-.-P*. ~c..aily ln. cludee, but Is not aepam[nrs on La Gorco ~Pr~eg."~dm;~-~'_"'d~, ~' !.a center median trame ainu.uae oroers and associated agreements, in a form acceptable to the Ci _amoant ~ to' exceed $420.o0..---- ty A.,omey, ~or sa~d pro~,~ in a- .,~.R,. ~ be di..~ ~ the C~,~ ~.~.~me~._,_~_~'~2. - ny an agent, Or'to ex,...~",~.'~?", m~ aP.Peeratthls hearing be repreeentod Commlee~on, c/o th~ C ~"~ .~r wews in writing eddreseed to the Hall Miam,~ -~--Cis~-rkz--1700 Convention Cento, Drju' ,.* c,-- ?..~ // SUCh circumstances a . is meetin may be contto ~ dd/tional lege/noth~ ~l~ be ~ and under · , . ~: ~ben E~ eam~', cay Clerk · .;:: ~, C~tY of Mkmll Beach ;',t~,~:OlO~,.~,e. ~., ~e~ ?'e. the ... ~ ~ .t? ~y me.?er~,oaPnsldm~er~Yatd~eC~me~ ~ ~ .C~ ~m~n~:~ I auth°rlze ch~l~)n~sr~lrSL~a~%s~aob~t~-°-.r,-i*n?.!eva~t ev/d~nhnc~,n~n~U~:: ~t / in accordance with the Amerf__Can? ~'D~is~'b~l.lttweeds~A~w;f 1990, persona nomdars, (800)