Loading...
397-2001 Reso RESOLUTION 397-2001 A RESOLUTION OF THE CHAIRMAN AND THE MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY RATIFYING THE OMISSION OF WORK (WASHINGTON AVENUE FROM SOUTH POINTE DRIVE TO FIRST STREET AND FROM FOURTH STREET TO FIFTH STREET) FROM THE AGREEMENT WITH ATLANTIC CIVIL, INC., FOR THE SOUTH POINTE STREETSCAPE IMPROVEMENTS - PHASE I CONSTRUCTION. WHEREAS, on September 5, 2000, Atlantic Civil, Inc. (ACI) commenced the South Pointe Streetscape Phase I construction (the "Project"), which consists of roadway, drainage, water, sanitary, lighting and landscaping improvements along Third Street from Michigan Avenue to Ocean Drive and along Washington Avenue from South Pointe Park to Fifth Street; a roadway and associated parking was also constructed to connect the South Pointe Park and the Park's existing parking lot; and WHEREAS, since the commencement of construction, several site development issues related to coordination of unforeseen conditions, omissions and deletions have arisen; and WHEREAS, ACI has refused to proceed with disputed work without first receiving an approved change order; and WHEREAS, on September 26, 2001, the City/RDA omitted the work along Washington Avenue from South Pointe Drive to First Street pursuant to Section 9.5 - Omitted Items of the Contract since the proposed work could not be completed by October 4, 2001, the date required by the City; and WHEREAS, on September 7,2001, pursuant to Section 9.5 - Omitted Items of the Contract, the City/RDA omitted the work along Washington Avenue from Fourth to Fifth Streets as ACI refused the reasonable and responsible requests of the City/RDA to provide certain assurances that ACI would address the construction in this area in a manner that minimizes potential impacts to the residents and businesses. NOW, THEREFORE BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and Members of the RDA ratify the omission of work (Washington Avenue from South Pointe Drive to First Street and from Fourth to Fifth Streets) from the Agreement with Atlantic Civil, Inc., for the South Pointe Streetscape Improvements - Phase I construction. PASSED and ADOPTED this 17th day of October, 2001. ~I! CHAIRMA~ASTO FORM & LANGUAGI & FOR EXECUTION ATTEST: SECRETARY AJ;jJ..d../1 < fO -/ f~(Jf ~/J,./~D.- GInIlW ~ IJ'V- MIAMI BEACH REDEVELOPMENT AGENCY CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us m REDEVELOPMENT AGENCY MEMORANDUM From: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez \~I\'lV City Manager ~~ A RESOLUTION OF THE CHAIRMAN AND THE MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY RATIFYING THE OMISSION OF WORK (WASHINGTON AVENUE FROM SOUTH POINTE DRIVE TO FIRST STREET AND FROM FOURTH STREET TO FIFTH STREET) FROM THE AGREEMENT WITH ATLANTIC CIVIL, INC., FOR THE SOUTH POINTE STREETSCAPE IMPROVEMENTS - PHASE I CONSTRUCTION. Date: October 17, 2001 To: Subject: On September 5, 2000, Atlantic Civil, Inc. (ACI) commenced the South Pointe Streetscape Phase I construction (the "Project"), which consists of roadway, drainage, water, sanitary, lighting and landscaping improvements along Third Street from Michigan Avenue to Ocean Drive and along Washington Avenue from South Pointe Park to Fifth Street; a roadway and associated parking was also constructed to connect the South Pointe Park and the Park's existing parking lot. Since the commencement of construction, several site development issues related to coordination of unforeseen conditions, omissions and deletions have arisen, On January 31, 2001, as a result of staff concems, a status report was provided to the Redevelopment Agency advising that these conditions have contributed to time delays and additional costs. On May 16, 2001,staff reported to the Redevelopment Agency that the contractor submitted a Request for Equitable Adjustment (REA) in excess of $1.3 million, representing the increased costs the contractor attributes to delays associated with the issues referenced above. Repeated City requests for the Contractor to submit certain documentation to support the City's review of the REA have been denied unless the City agrees to binding arbitration. Not agreeing with these conditions, on August 10, 2001, the City advised ACl's counsel that the REA was rejected until such time that ACI forwarded the requested information. The Project team has been attempting to address design and unforeseen site condition issues to expeditiously resolve conflicts, and allow ACI to proceed with construction without further delays. However, some design and unforeseen site condition issues continue to occur and consequently, have contributed to the delays. Additionally, ACI has refused to proceed with disputed work without first receiving an approved change order. The anticipated time of completion for the project is projected by the Project team to occur at the end of the first quarter of 2002. AGENDA ITEM ,~f} DATE /()-!7-0/ The City has contracted with Steve Siegfried, Esq., an expert in construction litigation, who is evaluating the REA submitted by ACI and advising the City on legal matters as they relate to the contract. Since construction progress was proceeding in an untimely fashion, the City/RDA requested an acceleration schedule and cost proposal to perform the work along Washington Avenue from South Pointe Drive to First Street by October 4, 2001. In order to accomplish this task by the stated milestone date, it was acknowledged that ACI would have to work additional hours during the workweek. ACI forwarded a change order request in the amount of $588,480.74 for the City's/RDA's review. The change order request also included exclusionary language contrary to the contract documents and an anticipated completion date of October 12, 2001, with no guarantees that the work would be completed on schedule. The additional compensation amount was in addition to the value of the work to be performed. Hazen and Sawyer and Kimley-Horn & Associates estimated the value of the Contractor's acceleration costs to range between $100,000 to $120,000, On September 26, 2001, the City/RDA omitted the work along Washington Avenue from South Pointe Drive to First Street pursuant to Section 9.5 - Omitted Items of the Contract since the proposed work could not be completed by October 4, 2001. On September 7, 2001, the City/RDA omitted the work along Washington Avenue from Fourth to Fifth Streets. ACI refused the reasonable and responsible requests of the City/RDA to provide certain assurances that ACI would address the construction in this area in a manner that minimizes potential impacts to the residents and businesses. Therefore, pursuant to Section 9.5 - Omitted Items of the Contract, the City/RDA omitted the work north of Fourth Street along Washington Avenue. Therefore, the Administration recommends that the Chairman and the Members of the Miami Beach Redevelopment Agency ratify the omission of work (Washington Avenue from South Pointe Drive to First Street and from Fourth to Fifth Streets) from the Agreement with Atlantic Civil, Inc., for the South Pointe Streetscape Improvements - Phase I construction.