2009-26977 ResoRESOLUTION NO. 2009-26977
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE AMENDMENT NO. 9 TO THE AGREEMENT
BETWEEN THE CITY AND EDAW, INC., DATED MAY 16, 2001, IN AN AMOUNT
NOT-TO-EXCEED $63,247, FOR ADDITIONAL PERMITTING ASSOCIATED
WITH THE COASTAL CONSTRUCTION CONTROL LINE AND FORADDITIONAL
RESIDENT PROJECT REPRESENTATIVE /CONSTRUCTION ADMINISTRATION
SERVICES FOR CONSTRUCTION OF PHASE 1 (EAST OF COLLINS AVENUE)
WITHIN THE RIGHT-0F--WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 6 -OCEANFRONT PROJECT; WITH FUNDING FROM
PREVIOUSLY APPROPRIATED 2003 GENERAL OBLIGATION BOND FUND
384, ALLOCATED FOR CONSTRUCTION IN ACCOUNT 384-2340-069357 AND
TO BE RE-ALLOCATED TO DESIGN ACCOUNT 384-2340-061357.
WHEREAS, the Oceanfront Neighborhood Right-of-Way (ROW) Project is one of the
components of the City's Neighborhood ROW Infrastructure Improvements Program (the Project);
and
WHEREAS, the design phase of the Project .has been completed and the City's A/E
Consultant, EDAW, Inc. (EDAW) has delivered one hundred percent (100%) completion level,
construction documents, and the necessary permits have been obtained to begin construction; and
WHEREAS, a Job Order Contracting (JOC) was awarded to Tran International, Inc., one of
the City's approved JOC contractors on September 29, 2006, for construction of Phase 1 (East of
Collins Avenue); and
WHEREAS, on March 23, 2004, the City executed Amendment No.1 to the Agreement, for
additional professional services to prepare the permit application, supporting documentation and
present the project to the Historic Preservation Board for a total fee of $15,584; and
WHEREAS, on July 7, 2004, the City executed Amendment No. 2 to the Agreement, for
professional services associated with the initial phase of the Indian Creek Greenway, from the south
limits of Lake Pancoast, just north of 23~d Street, to the 29"' Street pedestrian bridge for a total fee of
$139,730; and
WHEREAS, on April 14, 2005, the City executed Amendment No. 3 to the Agreement, for
professional services associated with the extended planning phase and encroachment list
preparation in compliance with the City's standard format for a total fee of $18,909; and
WHEREAS, on June 7, 2005, the City executed Amendment No. 4 to the Agreement, for
professional services associated with additional underground utility verification services, in
compliance with the City's standard format for a total fee of $15,225; and
WHEREAS, on February 7, 2007, the City executed Amendment No. 5 to the Agreement,
for professional services associated with the incorporation of proposed improvements to the 42nd
Street street end, similar to those proposed at the 38'h Street street end, into the Construction
Documents for a total fee of $2,712; and
WHEREAS, on September 6, 2006, the City executed Amendment No. 6, for the provision
of additional services required to design additional water mains between Indian Creek Drive and
Collins Avenue, as requested by the Public Works Department, and to administer construction and
provide Resident Project Representative services for construction east of Collins Avenue, over an
estimated six (6) month period, up to April 24, 2007; and
WHEREAS, these additional services also included the purchase and implementation of
the E-Builder software throughout the construction period, as well as attendance and execution of a
preconstruction conference with residents to provide an overview of the Project sequencing and
address issues of concern with residents for a total fee of $387,028; and
WHEREAS, on July 7, 2007, the City executed Amendment No. 7, for the provision of
additional services required to administer construction and provide Resident Project Representative
services for construction east of Collins Avenue, for an additional six (6) month construction of
phase 1 (East of Collins Avenue), up to October 24, 2007 for a total fee of $154,517; and
WHEREAS, on June 6, 2008, the City executed Amendment No. 8 to the Agreement is for
the provision of additional design services required to relocate the existing design at the 39th and
42nd Street ends, west of Indian Creek Drive to the 40th and 42"d Street ends, west of Indian Creek
Drive, in order to match proposed street geometry and FDOT configuration along Indian Creek Drive
for a total fee of $15,700; and
WHEREAS, the Florida Department of Environmental Protection (FDEP) has requested an
after-the-fact permit for the Coastal Construction Control Line (CCCL); and
WHEREAS, additional Resident Project Representative and Construction Administration
Services are required during the warranty period and to coordinate construction sequencing with the
developers; and
WHEREAS, the CIP Office (CIP) has negotiated a fee of $63,247 with EDAW to obtain
permitting associated with the Coastal Construction Control Line and for additional Resident Project
Representative and Construction Administration Services; and
WHEREAS, EDAW to provide specialize survey and mapping services required to obtain
the Coastal Construction Control Line permit; and
WHEREAS, EDAW to provide Resident Project Representative (RPR) services and
Construction Administration services for the Project during the warranty period for warranty items
being claimed against the contractor; and to coordinate construction sequencing and finalize review
and construction document drawings submitted by developers; prepare drawings and review
contractor's proposal for added developer streets; and
WHEREAS, these services also include providing coordination between the contractor and
FPL to finalize electrical connections and energize lighting system; attending meetings to review
construction proposal; and attending meetings with City and Developers to review drawings and
ensure they comply with the Oceanfront improvement specifications; and
WHEREAS, CIP and Hazen and Sawyer, the City's Program Manager (Program Manager)
have determined that the construction phase of the Project would best be served with EDAW
providing on-site personnel to assist in managing the construction process and obtaining the
required Coastal Construction Control Line permit; and
WHEREAS, this item was presented to the CIP Oversight Committee on January 12, 2009
and was recommended for approval; and
WHEREAS, accordingly, the Administration would recommend that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 9
to the Agreement with EDAW, dated May 16, 2001, in the total amount of $63,247, to provide the
aforestated additional construction administration, and RPR services for the Project and obtain the
required Coastal Construction Control Line permit.
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
hereby approve and authorize the Mayor and the City Clerk to execute Amendment No. 9 to the
Agreement between the City and EDAW, Inc., dated May 16, 2001, in an amount not-to-exceed
$63,247, for additional permitting associated with the Coastal Construction Control Line and for
additional Resident Project representative /Construction Administration Services for Construction of
Phase 1 (East of Collins Avenue) within the right-of-way Infrastructure Improvements Program
Neighborhood 6 -Oceanfront Project; with funding from previously appropriated 2003 General
Obligation Bond Fund 384, allocated for Construction in account 384-2340-069357 and to be re-
allocated to design account 384-2340-061357.
PASSED and ADOPTED this 28th day of January , 2009.
ATTEST:
Gl~c. c,Q~ ~ _
Robert Parcher, City Clerk Mat Herrera ower, Mayor
T:wGENDA\2009Wanuary 281Consent\OceanfrontROWReso9.doc APPROVED AS TO
FORM & LANGUAGE
& FOR ~CUTION
i ~ c~9
ttomey a
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 the City Clerk to execute Amendment No. 9 to the agreement between the City
and EDAW, Inc., in an amount not to exceed $63,247, for the provision of additional permitting associated
with the coastal construction control line and for professional services associated with construction
management and resident project representation services, and approving the use of funds, in the amount
of $63,247, for the amendment, with funding from previously appropriated 2003 General Obligation Bond
Fund 384, allocated for Construction in account 384-2340-069357 and to be re-allocated to design account
384-2340-061357 for the Oceanfront neighborhood.
Ke Intended Vutcome su ortea:
To ensure well designed quality Capital Projects To ensure critical elements of the Project are being
com lied with, and that the eneral intent of the construction documents are bein met.
Supporting Data (Surveys, Environmental Scan, etc.):
Residents of middle beach rated 87% as excellent or good the first phase of the completed
Oceanfront Neighborhood Improvement Project.
Issue:
Should the City Commission approve the Amendment?
item summa
EDAW, Inc. (Consultant) has completed the design portion of the Oceanfront ROW Project (Project).
Consultant has delivered 100% construction documents and the necessary permits have been obtained to
begin construction. A Job Order Contracting (JOC) was awarded to Tran International, Inc., one of the
City's approved JOC contractors on 9/29/2006 for construction of Phase 1 (East of Collins Avenue). The
CIP Office (CIP) has negotiated a fee of $63,247 with Consultant to provide additional permitting
associated with the coastal construction control line and for professional services associated with
construction management and resident project representation services for the Project during the warranty
period for warranty items being claimed against the contractor; as well as to coordinate construction
sequencing and finalize review to construction document drawings submitted by developers; prepare
drawings and review contractor's proposal for added developer streets; provide coordination between the
contractor and FPL to finalize electrical connections and energize lighting system; attend meetings to
review construction proposal; and attend meetings with City and Developers to review drawings and
ensure they comply with the Oceanfront improvement specifications . Upon Commission approval of this
resolution, CIP will execute the appropriate contract amendment with Consultant.
Advisory Board Recommendation:
This item was presented to the CIP Oversight Committee on January 12, 2009 and it has been
recommend for approval.
Financial Information:
Source of Amount Account
Funds: 1 $63,247 384-2340-069357 to account 384-2340-061357
2
3
O PI Total
$63,247
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Aurelio J. Carmenates, P.E., CIP Office
Sign-Offs•
Department Director s' nt City Manager City Manager
F ~~!~ TH JMG
T:WG"EPdDA\2009Wanuary 28\Consent\QceanfrontROWSummary#9.doc / / / \
+~ M I All I g EAC H AGENDA ITEM C 7
~ DATE ~ ~ ~U7
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 28, 2009
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE AMENDMENT N0.9 TO THE AGREEMENT
BETWEEN THE CITY AND EDAW, INC., IN AN AMOUNT NOT TO EXCEED
$63,247, FOR ADDITIONAL PERMITTING ASSOCIATED WITH THE COASTAL
CONSTRUCTION CONTROL LINE AND FOR ADDITIONAL RESIDENT
PROJECT REPRESENTATIVE / CONSTRUCTION ADMINISTRATION
SERVICES FOR CONSTRUCTION OF PHASE 1(EAST OF COLLINS AVENUE)
WITHIN THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS
PROGRAM NEIGHBORHOOD NO. 6 -OCEANFRONT PROJECT; WITH
FUNDING FROM PREVIOUSLY APPROPRIATED 2003 GENERAL
OBLIGATION BOND FUND 384, ALLOCATED FOR CONSTRUCTION IN
ACCOUNT 384-2340-069357 AND TO BE RE-ALLOCATED TO DESIGN
ACCOUNT 384-2340-061357.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding, in the amount of $63,247, is available from previously appropriated 2003 GO
Bonds Fund 384, allocated for Construction in account number 384-2340-069357 to be re-
allocated for Design into account number 384-2340-061357.
ANALYSIS
The Oceanfront Neighborhood Right-of-Way (ROW) Project is one of the components of the
City's Neighborhood ROW Infrastructure Improvements Program (the Project). The Design
was completed and 100% plans were submitted by EDAW, Inc., (EDAW), the consultant, on
July 10, 2006. A Job Order Contracting (JOC) proposal was executed with Tran
International, Inc. on September 29, 2006, one of the City's approved JOC contractors.
When the permits were obtained to begin construction, it was indicated that the Coastal
Construction Control Line (CCCL) permit was not required since the project did not include
the construction of a major structure, such as a building or pool, east of the CCCL.
However, during the construction of the Oceanfront Neighborhood Improvements Phase 1,
which included the street ends east of Collins Avenue, the Florida Department of
Environmental Protection (FDEP) stated that a CCCL permit was required. The scope of the
project was discussed, and FDEP indicated that this permit was required as the scope
included water features, such as public showers, water fountains and lighting east of the
City Commission Memorandum - Oceanfront RO W
January 28, 2009
Page 2 of 2
CCCL. The information required by FDEP consisted of providing a CCCL survey. The
survey area included all street ends, east of Collins Avenue, from 24th to 43rd Streets and the
Beach area east of the dunes. The comprehensive CCCL survey required locating all
necessary control monuments to establish the CCCL throughout the project corridor, and
establishing topographical contour lines for elevation zero (sea level), mean high water
elevation and seasonal high water elevation throughout the project corridor. The data
requirements of a CCCL survey surpass those of a standard topographic and boundary
surveys.
Staff negotiated a fee of $48,750 with EDAW to collect CCCL Survey data in accordance
with FDEP requirements (see Attachment 1). The task also includes the preparation of
survey drawings incorporating all the collected field data. The survey included a total of 24
sheets, 1,450 linear feet of shoreline and a surveyed area of 744,000 square feet. This fee
is less than the total cost of the work required to obtain the permit. The City has agreed to
pay the cost that it would have incurred had the work associated with the permitting been
done concurrently with the other project related work. The Consultant is absorbing the
additional costs. Also, at this time, the City negotiated a fee of $14,497 with the Consultant
to provide Resident Project Representative (RPR) services and Construction Administration
services for the Project during the warranty period of Phase 1 (see Attachment 2). This
includes review services for warranty items being claimed against the contractor;
coordinating construction sequencing; finalizing review and construction document drawings
submitted by developers; preparing drawings and reviewing contractor's proposal for added
developer streets; providing coordination between the contractor and FPL to finalize
electrical connections and energize lighting system; and attending meetings to review
construction proposal drawings to ensure they comply with the Oceanfront improvement
specifications.
Capital Improvement Projects Oversight Committee Recommendation:
This item was presented to the CIP Oversight Committee on January 12, 2009 and it has
been recommended for approval. Upon Commission approval of this resolution, the
appropriate contract Amendment will be executed.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving and authorizing the expenditure of funds to provide for additional construction
management services and resident project representative services for the Oceanfront
Neighborhood, at a cost of $63,247; with funding from previously appropriated 2003 GO
Bond Fund 384, allocated for Construction in account 384-2340-069357 to be re-allocated
for Design into account number 384-2340-061357.
T:\AGENDA\2009Uanuary 28\Consent\OceanfrontROWmemo#9.doc
ATTACHMENT1
PROPOSAL "A"
CCCL FEES
Proj. Proj.
02-Jun-08 Director Manager RPR Designer Clerical
Contract Billing Rate ;169.82 ;140.53 ;93.73 ;85.49 >~6.84
Phase 1 Planning (n/a)
Phase 2 Design Services (n/a)
PHASE 3 Bidding and Award (n/a)
3.1 Construction Contract Document Review
3.2 Bid Document Delivery
3.3 Pre-Bid Conference
3.4 Addenda Issuance
3.5 Bid Evaluation
3.6 Contract Award
3.7 As-Bid Contract Documents
PHASE 4 Construction Administration (CA)
4.1 Pre-construction Conference
Pre-construction Conference
4.1a w/Residents
4.2 Weekly Construction Meetings
4.3 RFI/CDC
Request for Changes to Const.
4.4 Cost/Sched
4.5 Shop Drawing Processing
4.6 Field Observation
4.7 Project Closeout
4.8 Post Project Services
5.4 Resident Project Representative 0 0 0 0 0
Proj. Proj.
Labor Summary of Phases 1 thru 5 Director Manager RPR Designer Clerical
Total Hours 0 0 0 0 0
$ - $ - $ - $ -
Total Fees $ -
Direct Costs (included in fee proposal)
6.1 Reproducible Services
6.2 Travel and Subsistence
6.3 Surveying (CCCL Survey)
6.4 Geotechnical Evaluation
6.5 Materials & Equipment
Total
Hours
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total Cost
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0 $0.00
0
$0.00
$0.00
$0.00
$48,750.00
$0.00
$0.00
Total Fees Including all Direct Costs $48,750.00
RPR / CA FEES
Proj. Proj.
02-Jun-08 Director Manager
Contract Billing Rate 5169.82 S140.53
Phase 1 Planning (n/a)
Phase 2 Design Services (n/a)
PHASE 3 Bidding and Award (n/a)
3.1 Construction Contract Document Review
3.2 Bid Document Delivery
3.3 Pre-Bid Conference
3.4 Addenda Issuance
3.5 Bid Evaluation
3.6 Contract Award
3.7 As-Bid Contract Documents
4.1 Pre-construction Conference
Pre-construction Conference
4.1a w/Residents
4.2 Weekly Construction Meetings
4.3 RFI/CDC
Request for Changes to Contt.
4.4 Cost/Sched
4.5 Shop Drawing Processing
4.6 Field Observation
4.7 Project Closeout
4.8 Post Project Services
RPR Designer Clerical
5
593J3 585.49 46.84
ATTACHMENT2
Total
Hours Total Cost
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
144 $13,497.12
0 $0.00
5.4 Resident Project Representative 0 0 0 0 0 0 $0.00
Proj. Proj.
Labor Summary of Phases 1 thru 5 Director Manager RPR Designer Clerical
Total Hours 0 0 144 0 0 144
Total Fees 13,497.12 $13,497.12
Direct Costs (included in fee proposal)
6.1 Reproducible Services $1,000.00
6.2 Travel and Subsistence $0.00
6.3 Surveying (n/a) $0.00
6.4 Geotechnical Evaluation (n!a) $0.00
6.5 Materials & Equipment $0.00
Total Fees Including all Direct Costs $14,497.12