2009-27258 ResoRESOLUTION NO. 2009-27258
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 AMENDMENT NO. 5 TO THE EXISTING
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND EAC
CONSULTING, INC. (EAC), FOR ADDITIONAL DESIGN AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE MODIFICATIONS ALONG STILLWATER
DRIVE, IN A NOT TO EXCEED AMOUNT OF $75,664, FOR THE BISCAYNE
POINT RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT, WITH
FUNDING FROM G.O. NEIGHBORHOOD IMPROVEMENT BONDS FUND 376
FOR DESIGN, IN THE AMOUNT OF $75,664, PREVIOUSLY APPROPRIATED IN
THE FISCAL YEAR 2002-2003 CAPITAL BUDGET.
WHEREAS, on July 27, 2005, the Mayor and City Commission adopted to Resolution No.
2005-25973, approving and authorizing the Mayor and City Clerk to execute an Agreement with
EAC Consulting Inc., for Professional Architectural and Engineering Services for the Biscayne
Point Neighborhood Right of Way (ROW) Improvement Project (the Project); and
WHEREAS, the Agreement provides for the planning, design, bidding and award,
construction administration, and reimbursables for the Project; and
WHEREAS, the Agreement was executed for an amount of $1,186,807; and
WHEREAS, Amendment No. 1 to the Agreement, in the amount of $129,325 was approved
as per Resolution No. 2006-26133, for a total fee of $1,316,132; and
WHEREAS, Amendment No. 2 to the Agreement, in the amount of $24,924 was approved
administratively, for a total Agreement fee of $1,341,056; and
WHEREAS, Amendment No. 3 to the Agreement, in the amount of $27,000 was approved
as per Resolution No. 2009-26979, for a total Agreement fee of $1,368,056; and
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Resolution
No. 2009-27191 approving the substitution of the swales with atwo-foot wide strip of permeable
pavers and reduced planting areas along Stillwater Drive; and
WHEREAS, On December 9, 2009, Amendment No. 4 will be presented before the Mayor,
City Commission and City Clerk for approval, for additional design services associated with the
stormwater system in the amount of $113,984; and
WHEREAS, the modification of the swales and planting areas necessitate a redesign of
Stillwater Drive; and
WHEREAS, at this time, the City has negotiated Amendment No. 5, to the existing
agreement with EAC for the provision of additional design and construction administration services
associated with the approved modifications to Stillwater Drive; and
WHEREAS, this Amendment No. 5 includes the additional design and construction
administration services associated with the Commission approved modifications to Stillwater Drive
in the not to exceed amount of amount of $75,664;and
WHEREAS, Amendment No. 5 increases the contracted fees in a amount total of $75,664,
for a total contract fee of $1,557,704; and
WHEREAS, funding G.O. Neighborhood Improvement Bonds Fund 376 for Design, in the
amount of $75,664, previously appropriated in the Fiscal Year 2002-2003 Capital Budget; and
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 Amendment No. 5 to the existing Professional
Architectural and Engineering Services Agreement between the City of Miami Beach, Florida and
EAC Consulting, Inc., for additional design and construction administration services for the
modifications along Stillwater Drive, in a not to exceed amount of $75,664, for the Biscayne Point
ROW Infrastructure Improvement Project, with funding from G.O. Neighborhood Improvement
Bonds, Fund 376 for Design in the amount of $75,664, previously appropriated in the 2002-
2003 Capital Budget.
PASSED AND ADOPTED this 9th day of December, 2009.
ATTEST:
~- ~.
City Clerk
Robert E. Parcher
CITY OF MIAMI BEACH
By
ayor
Matti Herrera Bower
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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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 City Clerk to execute Amendment No. 5 to the Professional Architectural and Engineering Services
agreement between the City of Miami Beach, Florida and EAC Consulting, Inc. (EAC), for the additional design and
construction administration services, associated with modifications along Stillwater Drive, for a not to exceed
amount of $75,664.
Key Intended Outcome Supported:
Ensure well designed quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.):
Completed Capital Improvement Projects are a key positive driver in resident perceptions on overall quality of life.
I Shall the Mavor and Citv Commission aDDrove the Resolution? I
Item 5ummarylRecommendation:
On October 15, 2003, as per Resolution No. 2003-25376, the City Commission approved the Basis of Design
Report (BODR) for the Biscayne Point Neighborhood, prepared by The Corradino Group Inc. After the contract with
The Corradino Group Inc., was terminated, on July 27, 2005 the Mayor and City Commission adopted
Resolution No. 2005-25973, approving and authorizing the City to execute an Agreement with EAC, for
Professional Services for the Biscayne Point Neighborhood Right-of-Way (ROW) Improvement Project.
On September 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-2719 which approved the
modification of the swales and planting areas along Stillwater Drive, these modifications to the BODR involved a
redesign of this area. Amendment No.5. for a total amount of $75,664 includes all the additional design and
construction administration services required to incorporate the Stillwater Drive modifications into the design of the
project.
City staff, and the Special Assistant to the City Manager, met and negotiated the fee for Amendment No. 5, in the
not-to-exceed amount of $75,664, which includes design and construction administration services, associated with
the Stillwater Drive modifications. EAC's proposal of November 9, 2009, (Attachment No. 3) describes all the
additional professional services related to the approved BODR modifications to Stillwater Drive.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 $ 75,664 376-2321-061357
2
O P Total $ 75,664
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Miguel Perez, Capital ProieGts Coordinator, ext. 2704
~e artmen for A sistant Cit na er Cit Mana
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® 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: December 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 AMENDMENT NO. 5 TO THE EXISTING PROFESSIONAL
ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH, FLORIDA, AND EAC CONSULTING, INC. (EAC), FOR ADDITIONAL
DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE
MODIFICATIONS ALONG STILLWATER DRIVE, IN A NOT TO EXCEED AMOUNT OF
$75,664, FOR THE BISCAYNE POINT RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENT PROJECT, WITH FUNDING FROM G.O. NEIGHBORHOOD
IMPROVEMENT BONDS FUND 376 FOR DESIGN, IN THE AMOUNT OF $75,664,
PREVIOUSLY APPROPRIATED IN THE FISCAL YEAR 2002-2003 CAPITAL BUDGET.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
FUNDING
Project funding, from G.O. Neighborhood Improvement Bond Fund 376 (Account No. 376-
2321-061357), in the amount of $75,664, was also previously appropriated in Fiscal Year
2002-2003.
BACKGROUND
On October 15, 2003, the Mayor and City Commission adopted Resolution No.2003-25376,
approving the Basis of Design Report (BODR) for the Infrastructure Improvement Program
for the Biscayne Point Neighborhood prepared by The Corradino Group Inc. The City
terminated its relationship with The Corradino Group Inc., on September 24, 2004.
On October 13, 2004, the City Commission issued a Request for Qualifications (RFQ) to
select another consultant to complete the Biscayne Point Neighborhood Improvement
Project.
On July 27, 2005, the Mayor and the City Commission adopted Resolution No. 2005-25973,
approving and authorizing the Mayor and City Clerk to execute an agreement with EAC
Consulting, Inc., for Professional Services for the Biscayne Point Neighborhood Right-
of-Way Improvement Project in the amount of $1,186,807.
Commission Memorandum, December 9, 2009
Biscayne Point Amendment No. 5
Page 2 of 3
On March 8, 2006, the Mayor and City Commission adopted Resolution No. 2006-26133,
approving and authorizing the Mayor and City Clerk to execute Amendment No.1 to the
existing agreement with EAC for professional services for the design, permitting and
construction of an additional 11,000 linear feet of water main infrastructure required by the
City's Public Works Department. Amendment No. 1 increased the original design contract
value by $129,325, for a total fee of $1,316,132.
On January 6, 2009, Amendment No. 2 was executed administratively for additional
stormwater system modeling services to find the best possible solution available for the
project, in the amount of $24,924, for a total design contract value of $1,341,056.
On January 28, 2009, the Mayor and City Commission adopted Resolution No.2009-26979,
approving and authorizing the Mayor and City Clerk to execute Amendment No.3 to the
existing agreement with EAC for additional Professional A/E Services for the inclusion of
Pavement Markings and Signage drawings which were not included in the original design
contract. Amendment No. 3 increased the original design contract value by $27,000, for a
total fee of $1,368,056.
On December 9, 2009, Amendment No. 4 will be brought before the Mayor, City
Commission and City Clerk for approval and execution. The proposed Amendment No. 4 , to
the existing agreement with EAC provides for additional design services associated with the
Storm Water System, including the addition of three (3) pump stations and the necessary
pipes and structures needed to comply with regulatory agencies' requirements. Amendment
No. 4 if approved will increase the original design contract value by $113,984, for a total fee
of $1,482,040.
Stillwater Drive Swale Modification: Amendment No. 5
The adopted BODR describes the improvements for each sub-neighborhood. For the
Stillwater Drive neighborhood, the proposed improvements include the creation of swales
along Stillwater Drive. The adopted BODR specified swales that were green areas 20 feet
long by 10 feet wide, adjacent to the sidewalks, within the City's ROW. The swales increase
the pervious area along the street and provide green area to the neighborhood. Existing
conditions along Stillwater Drive, as shown in Attachment No. 1, reflect minimal green areas
within the City's ROW.
On February 26, 2008, the first Community Design Review Meeting (CDRM) was held and
the City presented the 60% design drawings to the neighbors; after this meeting and in
several occasions, residents showed their opposition about the proposed swales and trees
along Stillwater Drive, as per the BODR guidelines.
On March 11, 2009, after several meetings with the HOA, neighbors, and the CIPOC
Stillwater Sub Committee, the neighbors unanimously approved the elimination of the BODR
adopted 20 feet long by 10 feet wide swales and substitute them with atwo-foot wide band
of permeable pavers, along and adjacent to both sidewalks; and the creation of tree planters
to minimize the loss of parking spaces. The City has informed the residents that the new
proposed pavers located within the City's ROW, will be maintained by residents, as per City
ordinance. It was also agreed that the tree planters along Stillwater Drive would measure
approximately 6.5 feet wide by 6 feet long, located on the City's ROW, centered between
Commission Memorandum, December 9, 2009
Biscayne Point Amendment No. 5
Page 3 of 3
neighboring lots.
On September 9, 2009, the Mayor and City Commission, adopted Resolution No. 2009-
2719, and approved the substitution of the swales with a two foot wide strip of permeable
pavers and reduced planting areas along Stillwater Drive. The modification of the swales
generates a deviation from the BODR. Amendment No.5 includes the necessary additional
design services required to incorporate permeable pavers and reduced planting areas along
Stillwater Drive as shown in Attachment No. 2.
City Staff and the Special Assistant to the City Manager have met several times with EAC to
negotiate the fees for Amendment No. 5. Negotiations resulted in important savings for the
City in the amount of $47,905, approximately 39% less than EAC's original proposal of
$123,569. Savings were the result of:
• Clarification of the scope of work associated with the additional
professional services.
• Revision of the estimated number of work hours associated with each
task.
• Adjustment of the consultant's hourly rates to match the fees the City is
currently accepting for similar projects.
Amendment No. 5, in the not-to-exceed amount of $75,664, which includes design and
construction administration services, associated with the additional design services for the
Stillwater Drive modifications. EAC's proposal of November 9, 2009, (Attachment No. 3)
describes all the additional professional services related to the approved BODR
modifications to Stillwater Drive.
Amendment No. 5, increases EAC's total design contract fee in anot-to-exceed amount of
$75,664 for a total contract amount of $1,557,704, representing approximately 10.5 % of the
total estimated construction cost of approximately $14,800,000.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt 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 Amendment No. 5 to the existing
professional architectural and engineering services agreement between the City of Miami
Beach, Florida, and EAC Consulting, Inc., for additional design and construction
administration services for the modifications along Stillwater Drive, in a not to exceed
amount of $75,664, for the Biscayne Point ROW Infrastructure Improvement Project, with
funding from previously appropriated in the 2003-2004 Capital Budget, and from G.O.
Neighborhood Improvement Bonds, Fund 376 for Design in the amount of $75,664,
previously appropriated in the 2002-2003 Capital Budget.
ATTACHMEN
JMG\~6G\ OC\G \HS\MP
T:WGENDA~2009\De tuber 9\RegularlBP Amendment 5\Biscayne Point Amendment No 5 Memo.doc
EXISTING CONDITIONS
Attachment No.1
R
Stillwater Drive
Stillwater Drive
Modified street layout with permeable pavers and reduced planting areas
Resident .responsibilities
Norma! mewing of sod & maintenance of pavers
~..
' ~+~V~t` ~1'i~ .
Attachment No. 2
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November 9, ?009 EAC Consulting, Inc.
Miguel Perez, Capital Projects Coordinator
City of Miami Beach
Capital Improvements Office
1700 Convention Center Drive
Miami Beach, FL 33131
Re: Biscayne Point Neighborhood Infrastructure Improvements Project
- Supplemental I;ngineet•ing Services Proposal for Revisions to Stilhvater Drive (Amendment S)
Dear Mr. Perez:
Pursuant to recent directions received from you, please find as follows our associated scope of engineering
services and fee proposal to undertake the requisite engineering services for the elimination of street cross-
section improvements already designed for the Biscayne Point Neighborhood Infrastnicture Improvement
Project. Your request will require complete modifications to construction documents primarily within one of
the sub neighborhoods (Stillwater Island). Based on the Figure 1 attached, you request covers modilcations
to the following disciplines/work areas for Stillwater Drive:
1. Demolition (DM).
2. Paving and Grading (PGD).
3. Stormwater (SW).
4. Pavement Marking (PM).
5. Landscape Architecture (L).
This proposal includes the following specific tasks:
a. Complete engineering design for the Stillwater Corridor incot•porating new roadway typical section
agreed to by the residents of Stillwater Island and provided to EAC Consulting, Inc., by the City's
CIP Office.
b. Complete Landscape Architecture and Streetscape Design and Layout for the Stillwater Drive
corridor.
c. Design of Accessible connectionsicurb ramps will be provided where necessary to comply with
current jurisdictional criteria. Sidewalk adjushnent to match the provided typical section.
d. Attendance at one Community Design Review Meeting utilizing City prepared
materia Is/boards/presentations.
Fec Proposal
Our fee proposal to undertake the requisite services is summarized below. A fidl breakdown of the fees
per task and ser,+ice discipline is provided as an attaclnnent to [his proposal letter.
Description Fee
Amendment ~ S 75.664
Please feel free to disc~t com-nents or clarifications relating to this fee proposal%request.
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PAGE 1 OF 4
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Schedule A-5
1. SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
ADD the following under Task 5 -ADDITIONAL SERVICES
Task 5.8. Stillwater Drive modifications
The Consultant shall provide detailed design services for producing a set of contract
documents (specifications and drawings) as needed for the Stillwater Drive modifications
within the Biscayne Point Neighborhood. In this effort, the Consultant shall be bound by
the requirements stipulated in Task 2 -Design Services as adopted via Resolution No.
2005-25973, on July 27, 2005, for the Biscayne Point Neighborhood Right of Way
Improvement Project.
The Additional Tasks are:
1. Complete engineering design for the Stillwater Corridor incorporating new roadway
typical section agreed to by the residents of Stillwater Island and provided to EAC
Consulting, Inc., by the City's CIP Office.
2. Complete Landscape Architecture and Streetscape Design and Layout for the
Stillwater Drive corridor.
3. Design of Accessible connections/curb ramps will be provided where necessary to
comply with current jurisdictional criteria. Sidewalk adjustment to match the provided
typical section.
4. Attendance at one Community Design Review Meeting utilizing City prepared
materials/boards/presentations. It is our understanding that the city's CIP office will
coordinate this meeting, prepare and distribute a document of agreements,
concerns and resolutions obtained from this meeting. EAC Consulting, Inc would
provide necessary technical responses and clarifications to residents.
Task 5.8.1- Construction Drawings and Technical Specifications
EAC will provide full design of construction drawings and technical specifications related to
the Stillwater Drive modifications, based on the EAC's proposal Figure 1, and according to
Task 5.8. The full construction drawings will require the addition of plan sheets as well as
modifications to the following:
1. Demolition (DM).
2. Paving and Grading (PGD).
3. Stormwater (SW).
4. Pavement Marking (PM).
5. Landscape Architecture (L).
Task 6.7 -Reproduction Services
It is agreed that there are no additional fees resulting from Reproduction services
associated with the additional Stormwater work.
2. TIME OF COMPLETION
Additional design services contemplated by this Amendment are to be completed within
the base Agreement schedule, adopted via Resolution No. 2005-25973, on July 27, 2005
between the City and Consultant.
3. PAYMENT AND COMPENSATION
Compensation: The method of calculating fees for the aforementioned proposed
additional professional architectural and engineering services is based on the provisions
established in Article 7 of the Agreement with Consultant.
• Original Agreement amount $1,186,807
• Amendment No. 1 $ 129,325
• Amendment No. 2 $ 24,924
• Amendment No. 3 $ 27,000
• Amendment No. 4 $ 113,984
• Amendment No. 5 $ 75.664
• Revised Agreement amount total $1,557,704
~®
~-7~
November 9, ?009 EAC Consulting, Inc.
Migue] Perez, Capital Projects Coordinator
Ciry of Miami Beach
Capital Improvements Office
] 700 Convention Cemer Drive
Miami Beach, FL 33139
Re: Biscayne Point Neighborhood Infrastructure Improvements Project
- Supplemental Engineering Services Proposal for Revisions to Stillwater Drive (Amendment 5}
Dear Mr. Perez:
Pursuant to recent directions received from you, please tied as follows our associated scope of engineering
sen+ices and fee proposal to undertake the requisite engineering sen+ices for the elimination of street cross-
section improvements already designed for the Biscayne Point Neighborhood Infrastn-chn•e Improvement
Project. Your request will require complete modifications Io construction documents primarily within one of
the sub neighborhoods (Stillwater Island}. Based on the Figure 1 attached, you request covers modifications
to the following disciplines/work areas 1'or Stillwater Drive:
1. Demolition (DM).
2. Paving and Grading (PGD).
3. Stonnwater (SVV).
4. Pavement Marking (PM).
5. Landscape Architecture (L).
This proposal includes the following specific tasks:
a. Complete engineering design for the Stillwater Corridor incorporating new roadway typical section
agreed to by the residents of Stillwater Island and provided to EAC Consulting, Inc., by the City's
CIP Office.
b. Complete Landscape Architecture and Streetscape Design and Layout for the Stillwater Drive
corridor.
c. Design of Accessible connections/curb ramps will be provided where necessary to comply with
current jurisdictional criteria. Sidewalk adiushnent to match the provided typical section.
d. Attendance at one Community Design Review Meeting utilizing City prepared
ma teria Is/boards/presen cations.
Tee Proposal
Our fee proposal to undertake the requisite services is summarized below. A full breakdown of the fees
per task and sen~ice discipline is provided as an attachment to this proposal letter.
Description Fee
Amendment ~ S 75,664
Please feel free to disc~s~comrnenis or clarifications retatin~ to this fee proposalEreques[.
Si
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PAGE 1 OF 4
:~ttacht~ert
Figure 1: CIP Revised Stillwater Drive Section
PAGE 2 OF 4
Drawing List Amendment No. 5
SHEET`
COUNT
DRAWING NUMBER BISCAYNE POINT NEIGHBORHOOD IMPROVEMENTS
(AMENDMENT No.5: REVISIONS. TO STILLWATER DRIVE.
ROADWAY SECTION)-
TOTAL
1 ~ DM - 2 to 6 . Demolition Plan Sheets Double Panel ' 5
2 DM - 44 to 44 Demolition Plan Sheets Double Panel 1
1 PG&D - 3 to 6 Pavin ,Gradin and Draina a Plan Sheets Double Panel 5
2 PG&D - 44 to 44 Pavin ,Gradin and Draina a Plan Sheets Double Panel 1
5
6 PG&D -
PG&D - 46
50 to
to ! 46
50 Typical Section Sheets
-- -
Paving and Gradmg_Details Sheets 1
1
7 SW- 4 to 12 Stormwater Plan Sheets 9
S SW- 17 to 17 Stormwater Details Sheets 1
___ 9
10 _ PM -~
PM- 2
24 to
to 6
24 Pavement Marking Plan Sheets (Double Panep
Pavement Markin Plan Sheets Double Panel 5
1
11 LA- 2 to 6 Landsca a Plan Sheets Double Panel 5
TOTAL Number of Sheets 35
9/15/2009, 7:59 PM
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