2009-27161 ResoRESOLUTION NO.
2009-27161
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 AN AGREEMENT WITH
SCHWEBKE - SHISKIN & ASSOCIATES, INC. FOR RE-DESIGN, BID AND
AWARD, AND CONSTRUCTION MANAGEMENT SERVICES, IN THE
NEGOTIATED NOT-TO-EXCEED AMOUNT OF $530,160, (PLUS AN
ADDITIONAL AMOUNT OF $55,500 FOR APPROVED REIMBURSABLES),
FOR THE VENETIAN ISLANDS BID PACKAGE 13C NEIGHBORHOOD
RIGHT-OF-WAY IMPROVEMENT PROJECT, PURSUANT TO REQUEST
FOR QUALIFICATIONS (RFQ) NO. 42-08/09; PROVIDED, HOWEVER, THAT
THE AFORESTATED APPROVAL AND EXECUTION OF AGREEMENT IS
SUBJECT TO THE CITY'S TERMINATION OF AN EXISTING A/E
AGREEMENT WITH EDWARDS & KELCEY, DATED NOVEMBER 13, 2002;
AND FURTHER APPROVING PREVIOUSLY APPROPRIATED FUNDING.
WHEREAS, the Venetian Islands Neighborhood Improvement Project (the Project) has
had two consultants and undergone design upgrades or modifications; and
WHEREAS, the original Project scope included four islands -Belle Isle, San Marino, Di
Lido and Rivo Alto -which were eventually split into two construction bid packages, Belle Isle
ROW Project (BP-136) and Venetian Islands (BP-13C); and
WHEREAS, the current A/E agreement with Edwards & Kelcey, dated November 13,
2002, encompasses both the Belle Isle project, which has been completed, and the Venetian
Islands project, currently at 100% design; and
WHEREAS, residents have expressed dissatisfaction with the latest design, particularly
the lack of water, stormwater and streetscape/hardscape improvements; and
WHEREAS, numerous meetings were held with the Venetian Islands Homeowners
Association (VIHA) and its consultants to discuss proposed improvements; and
WHEREAS, the VIHA submitted a request for budget and plan modifications to the
scope of work for the Venetian Islands project (as reflected in the approved Basis of Design
Report for the project); and
WHEREAS, at its April 6, 2009 meeting, the CIP Oversight Committee (CIPOC)
recommended that the City Commission amend the approved BODR (and the current 100%
design plans for the Venetian Islands portion of the Project) to reflect the suggestions presented
by the VIHA and its consultants; to utilize the funding already allocated; and to seek supplement
al funds for additional work; and
WHEREAS, at its April 22 meeting, the City Commission approved the issuance of
Request for Qualifications (RFQ) No. 42-08/09 for the re-design of the current 100% design
plans for the Venetian Islands project; and
WHEREAS, at its July 15, 2009 meeting, the City Commission adopted Resolution No.
2009-27128, authorizing the City Manager to negotiate with the top ranked firm selected
pursuant to the new RFQ, of Schwebke - Shiskin & Associates, Inc.; and should the
Administration not be able to negotiate an agreement with Schwebke -Shiskin & Associates,
Inc., to negotiate with the second ranked firm of Keith and Schnars, P.A.; and should the
Administration not be able to negotiate an agreement with Keith and Schnars, P.A., authorizing
the Administration to negotiate with the third ranked firm of Corzo Castella Carballo Thompson
Salman, P.A. (C3TS); and
WHEREAS, the Administration has negotiated an agreement with Schwebke-Shiskin &
Associates, Inc., in the amount of $530,160, of which $340,317 is for design and bid/award
services, and $189,843 is for construction management services, plus an additional amount of
$55,500 for approved reimbursables; and
WHEREAS, at its August 31, 2009 meeting, CIPOC also recommended approval of the
proposed Agreement.
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 an Agreement with Schwebke -Shiskin &
Associates, Inc. for Re-design, Bid and Award, and Construction Management Services, in the
negotiated not-to-exceed amount of $530,160 (plus an additional amount of $55,500 for
approved reimbursables); for the Venetian Islands Bid Package 13C Neighborhood Right-of-
Way Improvement Project, pursuant to Request for Qualifications (RFQ) No. 42-08/09;
provided, however, that the aforestated approval and execution of Agreement is subject to the
City's termination of an existing A/E agreement with Edwards & Kelcey, dated November 13,
2002; and further approving previously appropriated funding.
PASSED AND ADOPTED THIS 9th
ATTEST:
t~
Robert Parcher, City Clerk
DAY OF September 2009.
Matti Herrera Bower, Mayor
aPPRff~ED AS TO
FORM & LANGUAGE
~!i FOR jr,XECUTION
k
g•Z6'~
. off~AV-,,.f.. Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk
to execute an Agreement with Schwebke -Shiskin & Associates, Inc. for Re-design, Bid and Award, and Construction
Management Services, in the negotiated not to exceed amount of $530,160 (plus an amount of $55,500 for approved
reimbursables); for the Venetian Islands Bid Package 13C Project, pursuant to Request for Qualifications No. 42-08/09;
provided, however, that the aforestated approval and execution of Agreement is subject to the City's termination of an
existing A/E agreement with Edwards &Kelcey; and further approving previously appropriated funding.
Ke Intended Outcome Su orted:
To Ensure Well-Desi ned Quali Ca ital Pro'ects.
Issue:
Shall the Commission Ado t the Resolution?
Item Summarv/Recommendation:
To date, the Venetian Islands Neighborhood Improvement Project has had two consultants and undergone three design
efforts. Residents have expressed dissatisfaction with the latest design, particularly the lack of water, stormwater and
streetscape/hardscape improvements. The VIHA submitted a requestfor budget and plans modifications to the previously
approved Project to the CIP Oversight Committee (CIPOC), at its April 6, 2009 monthly meeting. CIPOC recommended
that the City Commission amend the BODR (and the current 100% design plans for the Venetian Islands Project) to
reflect suggestions presented by the HOA and its consultants to utilize funding already allocated; and to seek
supplemental funds for additional work. At its April 22, 2009 meeting, the City Commission approved the issuance of a
new Request for Qualifications (RFQ) for the re-design of the current 100% design plans, and given available construction
budget. At the July 15, 2009 Commission meeting, the City Commission authorized the administration to negotiate with
the top ranked firm of Schwebke-Shiskin & Associates, Inc. (SS). The City reached agreement with SS in the negotiated
not-to-exceed amount of $530,160, plus an additional amount of $55,500 for approved reimbursables. At its August 31,
2009 meeting, CIPOC also recommended its approval. Additionally, following a directive from the City Commission, at its
March 12, 2008 Meeting, the Administration has been continuing to negotiate with Edwards &Kelcey (E&K), related to
compensation due the City from E&K, as a result of certain errors and omissions attributable to E&K on the Belle Isle
portion of the Project. As a result of said errors and omissions the City hasincurred additional costs on the Project, in the
amount of $437,671. As the City and E&K have not been able to satisfactorily resolve the aforestated claim, on August
18, 2009, the Ciry issued a Notice of Default to E&K. Under the November 13,2002 A/E Agreement between the City and
E&K, E&K has a thirty (30) day "cure period" within which the City is requiring that it be compensated for the errors and
omissions claim, in the amount of $437,671. In the event that E&K does not remit the aforestated amount to the City
within the stated cure period, then the City may proceed to terminate the Agreement with E&K. Accordingly, it is
recommended that should the City Commission wish to proceed and approve the new A/E Agreement with Schwebke -
Shiskin and Associates, Inc., then the appropriate course of action for the City to follow would be to do sc: following
default expiration of the cure period under the A/E Agreement with E&K and; in the event that E&K has not satisfactorily
cured its default within the stated time period, upon termination of the E&K Agreement. Approval of the instant Agreement
should therefore be made subject to (and following) termination of the existing A/E Agreement with E&K.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Adviso Board Recommendation:
CIPOC -Recommended for approval.
Financial Information:
Source of Amount Account
Funds: 1 $96,045 376-2127-069355
2 $55,000 376-2127-000356
3 $100,272 428-2127-061357
4 $334,343 423-2127-061357
OB I Total $585,660
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Mario Gonzalez-Pola, ext. 2705
Sign-Offs:
De artme ctor Assistant it ana er Cit M r
CC TH JMG
I :WGtNDA\2009\5eptember 09\Regular\Venetian Islands Redman - Summary.doc / I
~~ ~~~ ~ ~~~ ~ AGENDA #TEM ~' 7F
DATE 9-4-09
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Ci Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 9, 2009
SUBJECT: 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 AN AGREEMENT WITH
SCHWEBKE - SHISKIN 8~ ASSOCIATES, INC. FOR RE-DESIGN, BID
AND AWARD, AND CONSTRUCTION MANAGEMENT SERVICES, IN
THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $530,160, (PLUS
AN ADDITIONAL AMOUNT OF $55,500 FOR APPROVED
REIMBURSABLES), FOR THE VENETIAN ISLANDS BID PACKAGE 13C
NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) N0.42-08/09;
PROVIDED, HOWEVER, THAT THE AFORESTATED APPROVAL AND
EXECUTION OF AGREEMENT IS SUBJECT TO THE CITY'S
TERMINATION OF AN EXISTING A/E AGREEMENT WITH EDWARDS &
KELCEY, DATED NOVEMBER 13, 2002; AND FURTHER APPROVING
PREVIOUSLY APPROPRIATED FUNDING.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available from previously appropriated funds, in the amount of $334,343, from
Gulf Breeze 2006 Fund 423 for Design, Account No. 423-2127-061357; $100,272 from
Stormwater Bond 2000 Series Fund 428 for Design, Account No. 428-2127-061357;
$96,045 from the 1999 G.O. Bond Neighborhood Improvements Fund 376 for Program
Management fees, Account No. 376-2127-069355, to be transferred to Design Account No.
376-2127-061357; and $55,000 from the 1999 G.O. Bond Neighborhood Improvements
Fund 376 for Contingency, Account No. 376-2127-000356, to be transferred to Design
Account No. 376-2127-061357.
ANALYSIS
To date, the Venetian Islands Neighborhood Improvement Project (the Project) has had two
consultants and undergone three design efforts. Although the original Project scope
included four islands -Belle Isle, San Marino, Di Lido and Rivo Alto -these were eventually
split into two bid packages; the Belle Isle ROW Project (BP-13B) and the Venetian Islands
ROW Project (BP-13C).
The current A/E agreement with Edwards & Kelcey, dated November 13, 2002,
encompasses both the Belle Isle Project, which has been completed, and the Venetian
Islands Project, currently at 100% design, based on the original Basis of Design Report
Commission Memorandum -Venetian islands Bid Package 13C Redesign
September 9, 2009
Page 2 of 3
(BODR).
Residents have expressed dissatisfaction with the latest design, particularly the lack of
water, stormwater and streetscape/hardscape improvements. Consequently, numerous
meetings have been held with the Venetian Islands Homeowners Association (VIHA) and its
consultants to discuss proposed improvements beyond the scope of the Venetian Islands
Project's Basis of Design Report (BODR).
At the April 6, 2009 CIP Oversight Committee (CIPOC) meeting, the VIHA submitted a
request for budget and plan modifications to the previously approved BODR. CIPOC
recommended that the City Commission amend the BODR (and the current 100% design
plans for the Venetian Islands Project) to reflect the suggestions presented by the VIHA and
its consultants to utilize the funding already allocated; and to seek supplemental funds for
the additional work.
At its April 22 meeting, the City Commission approved the issuance of a new Request for
Qualifications (RFQ) for the re-design of the current 100% design plans, as reasonably
needed, and given the available construction budget. Current competitive market conditions
in the construction industry might accommodate the additional Project scope within the
existing Project budget.
On May 28, 2009, the City issued RFQ No. 42-08/09 for Re-design, Bid and Award, and
Construction Management Services for the Re-design Component, for Venetian Islands Bid
Package 13C Neighborhood Right-of-Way Improvement Project, to Include Additional
stormwater Infrastructure, Additional Potable Water System Infrastructure, and Additional
streetscape/Hardscape Improvements.
At its July 15, 2009 meeting, the City Commission approved Resolution No. 2009-27128,
authorizing the City Manager to negotiate with the top ranked firm (pursuant to the new RFQ)
of Schwebke-Shiskin & Associates, Inc.; should the Administration not be able to negotiate
an agreement with Schwebke-Shiskin & Associates, Inc., to negotiate with the second
ranked firm of Keith and Schnars, P.A.; and should the Administration not be able to
negotiate an agreement with Keith and Schnars, P.A., authorizing the Administration to
negotiate with the third ranked firm of Corzo Castella Carballo Thompson Salman, P.A.
(C3TS).
Following negotiations, the City was able to reach an agreement with Schwebke-Shiskin &
Associates, Inc., in the negotiated amount of $530,160, of which $340,317 is for Design and
Bid /Award Services, and $189,343 is for Construction Management Services. An additional
amount of $55,500 is provided for approved reimbursables. The proposed A/E agreement
with Schwebke-Shiskin & Associates, Inc. was recommended for approval by CIPOC at its
August 31, 2009 meeting...
Additionally, following a directive from the City Commission at its March 12, 2008 Meeting,
the Administration has been continuing to negotiate with Edwards & Kelcey (E&K), related to
compensation due the City from E&K as a result of certain errors and omissions attributable
to E&K on the Belle Isle portion of the Project, which have resulted in additional construction
expenses on that portion of the Project. As a result of said errors and omissions, the City
has, to date, incurred additional costs on the Project, in the amount of $437,671.
As the City and E&K have not been able to satisfactorily resolve the aforestated claim, on
August 18, 2009, the City issued a Notice of Default to E&K, under the November 13, 2002
A/E Agreement between the City and E&K. E&K has a thirty (30) day "cure period" within
Commission Memorandum -Venetian islands Bid Package 13C Redesign
September 9, 2009
Page 3 of 3
which the City is requiring that it be fully compensated for the errors and omissions claim, in
the amount of $437,671. In the event that E&K does not remit the aforestated amount to the
City within the stated cure period, then the City may proceed to terminate the Agreement
with E&K.
Accordingly, it is recommended that should the City Commission wish to proceed and
approve the new A/E Agreement with Schwebke -Shiskin and Associates, Inc., then the
appropriate course of action for the City would be to wait until the expiration of the default
cure period under the A/E Agreement with E&K. In the event that E&K has not satisfactorily
cured its default within the stated time period, the City will terminate the E&K Agreement.
Approval of the instant Agreement should therefore be made subject to (and following)
termination of the existing A/E Agreement with E&K.
CONCLUSION
It is recommended that a Resolution of the Mayor and City Commission of the City of Miami
Beach, Florida be adopted, authorizing the Mayor and City Clerk to execute an Agreement
with Schwebke-Shiskin & Associates, Inc. for Re-design, Bid and Award, and Construction
Management Services, in the negotiated not to exceed amount of $530,160 (plus an
additional amount of $55,500 for approved reimbursables), for the Venetian Islands
Neighborhood ROW Improvement Project, pursuant to RFQ No. 42-08/09, subject to
termination of the existing A/E Agreement between the City and Edwards & Kelcey, dated
November 13, 2002.
Attachments: Schedule A -Scope of A/E Consulting Services
Schedule B -Consultant's Compensation Fee Schedule
Schedule C -Hourly Billing Rates Schedule
Schedule D -Construction Cost Budget, by Category
Schedule E -Schedule (A/E)
T:WGENDA\2009\September 09\Regular\Venetian Islands Redesign - Memo.doc