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2010-27466 Reso2010-27466 RESOLUTION NOL ___ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING ADDITIONAL FUNDING, IN THE AMOUNT OF $335,000, FOR CONSTRUCTION CONTINGENCY FOR SANITARY SEWER MAINS IMPROVEMENTS ALONG INDIAN CREEK DRIVE BETWEEN 26T" AND 41ST STREET CONSTRUCTION PROJECT; FUNDING FOR THIS HAS BEEN PREVIOUSLY APPROPRIATED FROM THE WATER AND SEWER GULF BREEZE FUND 423. WHEREAS, on October 31, 2007, the City. entered into a Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT) for the construction of roadway improvements along Indian Creek Drive between 26th and 41St Streets; and WHEREAS, FDOT is providing $1,501,000 towards project costs; and WHEREAS, on March 18, 2009, the City Commission awarded a construction contract to Horizon Contractors, Inc, pursuant to Invitation to Bid No. 28-07/09, for construction services for water mains, sanitary sewer mains, milling, and resurfacing improvements, in the amount of $4, 289, 725.40; and WHEREAS, ten percent (10%) of the contract value or ($428,972) was allocated as a contingency to address any equitable adjustments in the contract resulting from any unforeseen field changes or additional warranted work incurred to successfully complete the contract; and WHEREAS, .the total budget amount, including the 10% contingency, approved by City Commission on March 18, 2009, was $4,718,698.00; and WHEREAS, -the project contingency will not be sufficient to cover the errors and omissions encountered on this project; and WHEREAS, additional funding, in the amount of $335,000, is available, since the project cost is significantly under budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, authorizing additional funding in the amount of $335,000 for construction contingency for sanitary sewer mains improvements along Indian Creek Drive between 26th and 41St street construction project; funding for this has been previously appropriated from the water and sewer gulf breeze fund 23. PASSED AND ADOPTED this_ day of SQ ~• 2010. ATTEST: ~~~ ~~~~ CITY CLERK AYOR T:\AGENDA\2010\September 15\Consent\Indian Creek Drive Improvements - RESOrev.doc APPROVED AS TO FORM & LANGUAGE & FnN EXECUTION 1 ((» City Atto y ~~atel --' l COMMISSION ITEM SUMMARY (_nnr~pncpd Title A resolution of the Mayor and City Commission of the; City of Miami. Beach, Florida, authorizing additional funding in the amount of $335,000 for Construction Contingency for Sanitary Sewer Main Improvements alon Indian Creek Drive between 26th and 41St Street Construction Pro'ect. Ke. Intended Outcome Su orted: Ensure well-maintained infrastructure and ensure well-desi ned uali ca ital ro'ects Supporting Data (Surveys, Environmental Scan, etc.): According to the City's 2007 Community Satisfaction Survey, 48% and 37% of City residents and businesses respectively believe that the City's road conditions are is either "good" or "excellent." Issue• Shall the Ci Commission a rove the Resolution? Item Summa /Recommendation: On October 31, 2007, the City entered into a joint partnership agreement with the Florida Department of Transportation (FDOT) for the construction of roadway improvements along Indian Creek Drive between 26th and 41St Streets. The work consists of the construction of a new sanitary sewer system, construction of anew watermain, and rehabilitation of the pavement along Indian Creek Drive between 26th and 41St Streets. FDOT provided construction plans prepared by the Corradino Group to the City as well as agreed to contribute total project funding in the amount of $1,501,000. Exhibit "B" entitled Financial Summary of the October 31.2007 JPA identifies the following: Pro'ect Construction $1,365,000 Pro'ect Construction En ineerin and Ins ection Services $ 136,000 Total ro'ect estimate $1,501,000 Below are the three capital budgets and funding sources for this project: Capital Construction Budgets Funding sources Upsizing Water Lines (WO# 2580) $2,159,994. PW 423-2580-065357 $1,822,732.93 Upsizing wastewater (WO# 2580) $2,112,612 PW 303-2521-069357 $1,501,000.00 JPA F DOT 28-41 $1, 864,411 PW 423-2941-069357 $ 895, 554.06 PW 424-2521-069357 $ 499,411.00 On March 18, 2009, the CityJCommission awarded the contract to Horizons Contractors, Inc, pursuant to Invitation to Bid 28-07/09, for Construction Services for water mains, sanitary sewer mains, milling, and resurfacing improvements in the amount of $4,289,725.40. Ten percent (10%) of the contract value was allocated as a contingency to address any equitable adjustments in the contract resulting from any unforeseen field changes or additional warranted work incurred to successfully complete the contract. The total budget amount including the 10% contingency approved by City Commission was $4,718,698.00. To date, the City has reviewed and recommended the approval of approximately fourteen (14) change orders totaling approximately $621,126. The available construction contingency is exceeded by approximately $335,000. This contingency will not be sufficient to cover the number oferrors /omissions and unforeseen required change orders which resulted in a shortfall of $335,000 to the project. Therefore, staff proposes to provide additional funding in the amount ~of $335,000 to fund the work required, where, even with the contingency and additional funding, the cost of the project is still less than originally anticipated. Adviso Board Recommendation: Financial Information: Source of Amount Account 1 $295,622 423-2580-065357 for Construction Funds: 2 $39,378 423-2580-000356 for Contingency OBPI I Total I $335,000 Ci Clerk's Office Le islative Trackin Aurelio Carmenates ext. 6343 Sign-Offs• De artment Direc Assistant Ci Mana r Ci Mana e COC FHB JGG EM JM T:\AGENDA\2010\SeptLmb~r '1~5\Consent\Indian Creek Drive Im~ove~ents - SUMMARYrev.doc Q AGENDA ITEM G ~_~ ~ DATA ~ ~(~ m MIAMI BEACH 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 th ity Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 15, 2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING ADDITIONAL FUNDING IN THE AMOUNT OF $335,000 FOR CONSTRUCTION CONTINGENCY FOR SANITARY SEWER MAINS IMPROVEMENTS ALONG INDIAN CREEK DRIVE BETWEEN 26T" AND 41st STREETS CONSTRUCTION PROJECT; FUNDING FOR THIS HAS BEEN PREVIOUSLY APPROPRIATED FROM THE WATER AND SEWER GULF BREEZE FUND 423. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding for this additional work, is available and has been previously appropriated in the Capital project no. 2580 -Upsizing Wastewater Lines Indian Creek Project. The accounts are as follows: $295,622 423-2580-065357 for Construction $39,378 423-2580-000356 for Contingency $335,000 Total BACKGROUND The State of Florida Department of Transportation (FDOT) identified the need to perform roadway milling and resurfacing along Indian Creek Drive from 26th to 41st Street as part of its five (5) year transportation plan. The proposed FDOT work consists of roadway milling and resurfacing, guardrail replacements, sidewalk replacement and bump-out construction at certain intersections. The City had two (2) capital project elements which consist of the installation of a new 12-inch diameter water transmission main from 26th to 41St Street along Indian Creek Drive. Also, the City had previously identified the need to replace the existing 15-inch diameter wastewater interceptor along Indian Creek Drive between 28th and 4.1 St Street. Three separate capital projects were developed and included in the Capital Improvement -Plan as follows: TABLE 1 -Indian Creek Water/Wastewater Capital Project Capital Project No. Title Total Construction Funding WO# 2580 Upsizing Water Lines Indian Creek $2,159,994 WO# 2580. Upsizing Wastewater Lines Indian Creek $2,112,612 WO# 2521 Indian Creek 28-41 ~ $1,864,411 Total Construction Funding $6,137,017 These projects were originally introduced into the Capital Improvement Plan during FY08/09 Commission Memorandum -Indian Creek Drive Improvements September 15, 2010 Page 2 of 5 On October 31, 2007, the City entered -into a Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT) forthe construction of roadway improvements along Indian Creek Drive between 26t" and 41St Street. FDOT provided construction plans prepared by the Corradino Group to the City as well as agreed to contribute total project funding in the amount of $1,501,000. Exhibit "B" entitled Financial Summary of the October 31, 2007 JPA identifies the following: ^ Project Construction $1,365,000 ^ Project Construction Engineering and Inspection (CEI) Services $136,000 ^ Total Project Estimate $1,501.,000 During the preparation of the project schedule of values, FDOT requested ten (10%) percent of the project construction be allocated for FDOT construction related contingency. The amount of $136,500 was allocated to FDOT construction contingency, thereby leaving a balance of $1,228,500 for the FDOT roadway and hardscape construction. The City of Miami Beach Public Works Department prepared construction documents for the water transmission main installation, wastewater interceptor replacement; while the FDOT's Consultant Corradino, prepared the plans and specifications for the roadway reconstruction and sidewalk /hardscape work. This approach allowed the City to incorporate all of the capital project elements into one capital construction project to be managed by the City. On February 25, 2010, the City and FDOT amended its JPA via Amendment Nos. 1 and 2. Amendment No. 1 identified a change in the Project scope to include a high friction surface treatment to the curve at Indian Creek and 26t" Street and Amendment No. 2 extended the JPA Agreement date from June 30, 2010 to April 28, 2011. Costs associated with Amendment No. 1 are to be borne by FDOT. The City is in receipt of Change Order No. 290-18 for the application of high friction surface treatment to the curve at Indian Creek and 26t" Street in the appropriate amount of $55,000. This cost will be funded by FDOT from the FDOT construction contingency amount of $136,500. Additionally, the City is in the process of negotiating other Request for Change Order (RCO) for FDOT requested changes. Scope of Proposed Work The work .under this Project includes, but is not limited to the following: Water Transmission Main Installation of approximately 246 linear feet of 16-inch diameter 4,558 linear feet of 12-inch diameter, 1,600 linear feet of 8-inch diameter, 208 linear feet of 6-inch, and 80 linear feet of fl- inch ductile iron water main pipe and fittings. Sanitary Sewer Interceptor Removal and replacement of the existing wastewater interceptor with approximately 3,160 linear feet of 30-inch diameter and 260 linear feet of 24-inch .diameter gravity sewer PVC pipe and fittings and the installation of pre-cast concrete manholes with frames and covers. Roadway and Hardscape Milling and resurfacing of Indian Creek Drive from 26t" to 41St Street including approximately Commission Memorandum -Indian Creek Drive Improvements September 15, 2010 Page 3 of 5 20,494 square yards ofasphalt,-1,213 square yards of sidewalk replacement, 412.5 linearfeet of guardrail; introduction of bulbs-outs and trench drains to facilitate the construction of pedestrian ramps which comply with ADA standards; upgrade existing pedestrian features at the signalized intersections with count-down pedestrian signal heads; and upgrade the existing signage and pavement markings. On March 18, 2009, the City Commission awarded a construction contract to Horizon Contractors, Inc, pursuant to Invitation to Bid 28-07/09, for Construction Services for water mains, sanitary sewer mains, milling, and resurfacing improvements in the amount of $4,289,725.40. An additional ten percent (10%) of the contract value was allocated as a contingency to address any equitable adjustments in the contract resulting from any unforeseen field changes or warranted additional work incurred to successfully complete the project. The total budget amount including the 10% contingency approved by the City Commission was $4,718,698.00. ANALYSIS The JPA requires the City to retain an engineering firm to provide CEI services. The City originally selected Parsons Engineering and the City had to discontinue negotiations since it could not reach terms -with Parsons Engineering. In particular, the City's mandate to cap its expenses at $136,000 as it relates to construction engineering and inspection services was a point of contention that the consultant was not willing to assume unless the City agreed to reduce its scope of services. Therefore, the City proceeded with negotiations with the second ranked firm of Bermello Ajamil and they agreed to provide services limited only to the roadway and hardscape scope of work. At the time of construction contract award, a clerical error inadvertently included the full FDOT contribution of $1,501,000 for construction funding which included also the funding which was required to, be set aside for the FDOT CEI services. This resulted in a shortfall which was compensated with available project funds and did not account for the value of the FDOT required CEI services during construction. Therefore, staff reimbursed the required FDOT CEI services from the construction contingency thereby leaving an available project construction contingency of $292,973. Project implementation was pursued with the smaller project construction contingency than typically allocated. A summary is as follows: .Construction Contract Value $4, 289, 725 Typical Construction Contingency (10%) $428,973 FDOT Required CEI Services 136 000 Available Project Construction Contingency (6.8%) $292,973 To date, the City has reviewed and recommended the approval of approximately fourteen (14) change orders totaling approximately $621,126 (does not include FDOT RCOs). The available construction contingency is exceeded by approximately $335,000. The following is a summary of the change orders that have exceeded the available construction contingency. TABLE 2 -Change Order Exceeding Conting ency No. Description Amount Classification 2 Incorporation of Sanitary Sewer Connections $191,422 Errors /Omissions 5 Installation of a new Sanitary Sewer Lateral $10,203 Errors /Omissions 8 Storm Sewer Manhole Conflict Structure $20,615 Unforeseen 10 Sanitary Sewer Concrete Encasement $111,700 Unforeseen Cost Overrun $333,940 Commission Memorandum -Indian Creek Drive Improvements September 15, 2010 Page 4 of 5 A more detailed description of the change orders is provided below: Change Order No. 2 -The construction documents identified the replacement of an existing 15- inch diameter sanitary sewer line which had 21 sanitary sewer services. The construction documents did not specifically identify the replacement these 21 sanitary sewer services, although the intent of the plans was to identify complete in-situ connections by showing the installation of new wye fittings at all 21 locations. Therefore, a change order was submitted to provide the installation of 21 new sanitary sewer laterals including a new clean out box to the property line and service reinstatement. This change order proposal was reviewed and approved by the Engineer of Record, Special Assistant to the City Manager and the Office of Capital Improvement Projects and the cost was found to be fair and reasonable. Change Order No. 5 -The construction document did not identity a 12-inch diameter sanitary pipe lateral. Therefore, the change order is for the installation of a new sanitary sewer lateral including a new clean out box to the property line. This differs from change order number two due to the size of the lateral (12"diameter) and material costs were different. The installation of the 12" lateral ties into a Sanitary Sewer manhole. This change order proposal was reviewed and approved by the Engineer of Record, Special Assistant to the City Manager and the Office of Capital Improvement Projects and the cost was found to be fair and reasonable. Change Order No. 8 -The construction documents did not identify an 18-inch diameter storm sewer pipe at 29~' Street and Indian Creek Drive. This existing storm sewer pipe was in direct conflict with the proposed sanitary sewer interceptor replacement and required that a storm sewer manhole conflict structure be incorporated in order to maintain the proposed design alignment. Therefore, this change order is for the furnishing and installation of 2 additional storm sewer manholes and associated piping and concrete collars in order to resolve a conflict encountered in the intersection of 29~' Street and Indian Creek Drive. The proposed solution was 2 offset manho{es in order to resolve the conflict. This change order proposal was reviewed and approved by the Engineer of Record, Special Assistant to the City Manager and the Office of Capital Improvement Projects and the cost was found to be fair and reasonable. Change Order No.10 - An unforeseen field condition revealed, during excavation the presence of concrete encased sewer pipe. This change order is for the removal and disposal of the concrete encasement material and the furnishing and installation of additional suitable fill material. Additional suitable fill material was also required due to the volume displaced by the existing concrete encasement. This change order proposal is currently under review by the Engineer of Record and SpeciaB Assistant to the City Manager. Therefore, staff proposes to provide additional funding in the amount of $335,000 to fund the additional work identified in the change orders presented herein. Future Issues: FDOT Change Orders The, FDOT has approached the City with additional scope requests such as additional sidewalk removal and replacement at 39~" Street, relocation of a pedestrian signal pole, additional curb and gutter replacement throughout the project. Additional change order requests for this additional work will be requested from the Contractor and presented to the FDOT for review / approval and funding contribution. Commission Memorandum -Indian Creek Drive.. Improvements September 15, 2010 Page 5 of 5 FPL Conflict The Contractor encountered a 36 inch wide concrete duct bank at 41St Street and Indian Creek Drive on May 12, 2010. The City has taken the position that this conflict is not the responsibility of the City and is the responsibility of FPL. The Contractor is working with FPL to resolve this issue but FPL has been slow to react to the situation. The City is assisting the Contractor in stressing the urgency of the work and how it is delaying the final completion to the project. Water Service Replacement; The City and Contractor have had ongoing discussions with regard to an existing water distribution main. At this time, the Contractor is proceeding with the transfer of water services from the existing water distribution main to the newly installed. water transmission main. Timin The original project final completion date was August 23,2010. Contractually the Contractor is due another one hundred and fifty (150) day extension to the initial project final completion date. Additionally, the water service transfer and service connections will extend the final completion and then asphalt can be placed. The water services need to be reinstated prior to the second lift of asphalt placement. It is estimated that the asphalt shall be placed by February 2011, although the City is pursuing other alternatives to get the second lift of asphalt placed from 26th to 39th Streets and return at a later date to address the 41 St Street and Indian Creek Drive intersection. CONCLUSION It is important to note that the City contemplated an expenditure of approximately $6.1 million in its Capital Improvement Plan. Current project costs are estimated to approach $5.7 million, thereby, leaving a capital construction budget balance of approximately $400,000. The Administration recommends approval of the attached Resolution, authorizing the Mayor and City Clerk to appropriate additional funding in the amount. of $335,000 to the project. Even with the contingency and additional funding, the cost of the project is still less than originally anticipated. JMG/JGG/COC/MER/AJC T:\AGENDA\2010\September 15\Consent\Indian Creek Drive Improvements - MEMOrevCOC.doc