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2015-28991 Reso RESOLUTION NO. 2015-28991 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 CHANGE ORDER NO.4 TO THE AGREEMENT WITH BERGERON LAND DEVELOPMENT, INC., DATED APRIL 30, 2014, FOR PUMP STATION WORK RELATED TO ROAD IMPROVEMENTS PROJECT (THE PROJECT); SAID CHANGE ORDER IN THE AMOUNT OF$1,265,152, FOR THE DESIGN AND CONSTRUCTION OF APPROXIMATELY 120 FEET OF SEAWALL AT, RESPECTIVELY,THE 17TH STREET PUMP STATION(70 FEET)AND ALTON COURT(50 FEET); AS WELL AS FOR UNDERGROUND UTILITIES WORK AND RAISING THE ROADWAY AT ALTON COURT TO MEET THE PROPOSED 17TH STREET ELEVATION. WHEREAS,at its February 12, 2014 meeting,the City Commission adopted Resolution No. 2014-28498, authorizing the City Manager to procure the necessary emergency design and construction services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for 6th, 10th and 14th Streets, with Bergeron Land Development, Inc. (Bergeron), a Florida Department of Transportation (FDOT)contractor for the Alton Road Improvements Project (the Project), in an amount not to exceed $11,250,000; and WHEREAS, on February 12, 2014, the Mayor and City Clerk executed a Design-Build agreement(the Agreement)for the Project with Bergeron; and WHEREAS, at its June 11, 2014 meeting, the City Commission adopted Resolution No. 2014-28636, approving Change Order No. 1 in the amount of$1,100,000, to increase the scope of the Agreement to include services related to a prior contract with Ebsary Construction,for the City's 10th Street seawall and street-end project; and WHEREAS, at its September 30, 2014 meeting, the City Commission adopted Resolution No. 2014-28768, approving Change Order No. 2, in the amount of$3,006,544,for the completion of roadway improvements along 6th Street and West Avenue, between 5th and 6th Streets, and a new seawall at 14th Street; and WHEREAS, at its October 29, 2014 meeting, the City Commission adopted Resolution No. 2014-28818, approving Change Order No. 3, in the amount of$15,670,000, for the completion of roadway improvements along West Avenue between 6th and 8th Streets; and 10th, 14th, and 17th Streets, west of Alton Road; said Change Order providing for additional scope including, in particular, additional stormwater and drainage improvements, a new pump station, and related above-ground streetscape improvements; and WHEREAS, the Public Works Director recommends that additional drainage structures be added to certain sea walls in the Project areas, and in conjunction with the Alton Road Improvements Project, in order to minimize future construction impacts to this neighborhood; and WHEREAS, the Public Works Director recommends that the Mayor and City Commission approve Change Order No. 4, in the amount of$1,265,152, for additional scope of services to be performed by Bergeron along the Collins Canal. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE 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 Change Order No. 4 to the Agreement with Bergeron Land Development, Inc., dated April 30, 2014 for pump station work related to the Road Improvements Project; said change order in the amount of$1,265,152, for the Design and Construction of approximately 120 feet of seawall at, respectively,the 17th Street pump station (70 feet)and Alton Court(50 feet); as well as for underground utilities work and raising the roadway at Alton Court to meet the proposed 17th Street elevation. PASSED AND ADOPTED this 15- day of_ r) , 2015. ATTEST: n Al b el v � e_ J Philip Levi f�, 1V1.%ot�� Ra =el Granado, ' ityvi1.1;'�.. 114.411,_ f'" •�•� 9 1�*s1 y� or,`- /,,,,-„ City Attorney% V • i 0 I.INCORP ORATED= T:\AGENDA\2015 % JLiC ,�.' \Berg 'o .Reso.doc - . . .: Icy 2 6 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 Change Order No. 4 To The Agreement With Bergeron Land Development, Inc., Dated April 30, 2014 (The Agreement), Related To The Completion Of Approximately 120 Feet Of Sea Walls And Improvements To Alton Court, From 17th Street To The Collins Canal, As Part Of The Pump Station And Street Improvements Presently Under Construction, Further Increasing The Cost Of The Agreement By$1,265,152. Key Intended Outcome Supported: Item Summary/Recommendation: At its February 12,2014 meeting, Resolution number 2014-28498 was adopted by the City Commission,accepting the findings and recommendation of the City Manager in declaring an emergency, pursuant to Subsection 287.055(9)(c)(6)(a)(1)of the Florida statute,and as permitted, pursuant to Section 2-367(e)of the City Code,waiving, by 5/7ths vote,the competitive bidding requirement,and authorizing the City Manager to take the following actions:To procure the necessary emergency design and construction services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for 6th, 10th and 14th Streets, with Bergeron Land Development, Inc. (Bergeron),a Florida Department of Transportation(FDOT)contractor for the Alton Road Improvements Project, in an amount not to exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or through retention of a outside design consultant, as determined by the City Manager, a Design Criteria Package(DCP)which complies with the specification set forth under Section 287.055(2)(j) of the Florida Statue; 2) Upon completion of the DCP,authorizing the City Manager to negotiate and, if successful,execute a design-build contract with Bergeron for the project, with a guaranteed maximum price (GMP) for services; and further, if the City Manager is successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract. As a continuation of the initiative to protect residents from tidal flooding within the City of Miami Beach,and to improve the overall stormwater conveyance and discharge,the Public Works Department requested an additional scope of work to the existing Bergeron contract to repair/replace existing sea walls along the Collins Canal that are currently deteriorating. 'CURRENT STATUS During the drainage phase of the construction, it was noted that the sea walls along the Collins Canal were overtopped during recent high tides and as a result,they are deteriorating structurally. The rising sea levels and deterioration of the sea wall on the north side of the Collins Canal, between Convention Center Drive and Washington Avenue has also caused additional structural damage to Dade Boulevard and corrective action is required. Public Works staff recommends that additional drainage structures be added to these sea walls in conjunction with the Alton Road Improvement, in order to minimize future construction impacts of this neighborhood. Public Works is submitting a request to execute Change Order No.4,for additional scope of services to be performed by Bergeron(ATTACHMENT)along the Collins Canal. The work shall include the replacement of City owned sea walls and other aspect of a typical neighborhood improvement such as sidewalks.The City staff has negotiated the additional scope of work with Bergeron in the amount of $1,115,152, plus a $150,000 contingency, for a total amount of $1,265,152. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds. 1 985,996 187-2950-069357 to,D. 2 279,156 384-2950-069357 OBPI Total 1,265,152 Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: Departnwt Director Assistant City Manager City Mer ETC_CP MT JLM I, T:\AGENDA\2015\April\PUBLIC WORKS\Bergeron CO No y.Summary.doc Agenda Item m erk AA I A AA I R F A C`H Date /S--I MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI ON MEMORANDUM TO: Mayor Philip Levine and Members if the City C• mission FROM: Jimmy L. Morales, City Manager '_ -- DATE: April 15, 2015 SUBJECT: A RESOLUTION OF THE MAY* AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPR•VING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 4 TO THE AGREEMENT WITH BERGERON LAND DEVELOPMENT, INC., DATED APRIL 30, 2014 (THE AGREEMENT), RELATED TO THE COMPLETION OF APPROXIMATELY 120 FEET OF SEA WALLS AND IMPROVEMENTS TO ALTON COURT, FROM 17TH STREET TO THE COLLINS CANAL, AS PART OF THE PUMP STATION AND STREET IMPROVEMENTS PRESENTLY UNDER CONSTRUCTION, FURTHER INCREASING THE COST OF THE AGREEMENT BY $1,265,152. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Resolution. FUNDING FY 2014/15 Amount Account Number $ 985,996 187-2950-069357 $ 279,156 384-2950-069357 $1,265,152 Total BACKGROUND At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City Commission, accepting the findings and.recommendation of the City Manager in declaring an emergency, pursuant to Subsection 287.055(9)(c)(6)(a)(1) of the Florida statute, and as permitted, pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths vote, the competitive bidding requirement, and authorizing the City Manager to take the following actions: To procure the necessary emergency design and construction services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for 6th, 10th and 14th Streets, with Bergeron Land Development, Inc. (Bergeron), a Florida Department of Transportation (FDOT) contractor for the Alton Road Improvements Project, in an amount not to exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or through retention of a outside design consultant, as determined by the City Manager, a Design Commission Memorandum—Bergeron pump stations Improvements- Change Order No. 4 Page 2 of 3 Criteria Package (DCP) which complies with the specification set forth under Section 287.055(2)(j) of the Florida Statue; 2) Upon completion of the DCP, authorizing the City Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the project, with a guaranteed maximum price (GMP) for services; and further, if the City Manager is successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract. As a continuation of the initiative to protect residents from tidal flooding within the City of Miami Beach, and to improve the overall stormwater conveyance and discharge, the Public Works Department requested an additional scope of work to the existing Bergeron contract to repair/replace an existing sea walls along the Collins Canal that are currently deteriorating. CURRENT STATUS During the drainage phase of the construction, it was noted that the sea walls along the Collins Canal were overtopped during recent high tides and as a result, they are deteriorating structurally. The rising sea levels and deterioration of the sea wall on the north side of the Collins Canal, between Convention Center Drive and Washington Avenue has also caused additional structural damage to Dade Boulevard and corrective action is required. Public Works staff recommends that additional drainage structures be added to these sea walls in conjunction with the Alton Road Improvement, in order to minimize future construction impacts of this neighborhood. Public Works is submitting a request to execute Change Order No. 4, for additional scope of services to be performed by Bergeron (ATTACHMENT) along the Collins Canal. The work shall include the replacement of City owned sea walls and other aspect of a typical neighborhood improvement such as sidewalks. Items being considered are: • As part of the DCP, the proposed project is to be carried out simultaneously with the FDOT's Alton Road Project. To fulfill this request, Bergeron will incur additional mobilizations and magnify its resource procurement efforts as the Alton Road Project is currently under an accelerated schedule and will remain under a constricted schedule through August of 2015. • It is also to the best interest of the City that the proposed improvements are completed simultaneously with the Alton Road Project. However, this will demand considerable amount of additional resources from the Design/Build Team. • The sea wall at the 17th Street Pump Station (Exhibit A), will be a concrete pile and panel sea wall in front of the existing sea wall. The cap will be wide enough for the proposed "Canal Walk." This section is approximately 70 Linear Feet (LF). • The sea wall at the Alton Court Area (Exhibit B), will be a concrete pile and panel sea wall in front of the existing sea wall. The cap will be wide enough for the proposed "Canal Walk." This section is approximately 50 LF. Commission Memorandum—Bergeron pump stations Improvements- Change Order No. 4 Page 3 of 3 • Alton Court adjustment, includes removing and replacing underground utilities and raising the roadway meet the elevations of 17th Street that is presently under construction. The City staff has negotiated the additional scope of work with Bergeron in the amount of $1,115,152, plus a $150,000 contingency, for a total amount of$1,265,152. CONCLUSION The Administration recommends adopting the Resolution. JLM/MT/ETC/BAM/FRS T:\AGENDA\20151April\PUBLIC WORKS\Bergeron CO No q.MEMO.docx . � _ , _ f _ n ) 0 i \f fl) [ \ � \J LAND DEVELOPMENT,INC. April 3,2015 To:Bruce Mowry,PhD City Engineer,City of Miami Beach Subject: Seawall and Pedestrian Bridge Proposal Mr.Mowry, Bergeron Land Development is pleased to present the following proposal for work on Miami Beach: This proposal offers the installation of Seawalls along the 17th Street pump station,Alton Court and along Dade Blvd between Convention Center Drive and Washington Avenue.The proposal also includes a Pedestrian Bridge and associated seawall.The estimated proposed work is valued at$4,725,000.00.The works to be performed within 6 months of full permit approval(see attachment for full description)and associated costs are detailed below: 1) 17th Street Pump Station Seawall(Exhibit A)$366,240.00 This quote involves the installation of a new concrete panel seawall along Collins Canal approximately 7OLF long.There will be a sidewalk and a cap that encapsulates the seawall. 2) Alton Court Seawall(Exhibit B)$261,600.00 Price includes the installation of a new concrete panel seawall with a cap,at Alton Court and Collins Canal. Approximately 50 LF of seawall. 3) Convention Center Seawall(Exhibit C)$2,558,801.40 Quote includes the installation of a new concrete panel seawall along Collins Canal,between Convention Center Drive and Washington Avenue on the North Side. Approximately 1010 LF of seawall. 4) Alton Court Adjustment(between 17t St.and Collins Canal) $487,311.70 This quote involves the reconstruction of Alton Court between 17th and Collins Canal. 5) Pedestrian Bridge and Seawall(Exhibit D)$1,051,046.90 Price includes installing a concrete pedestrian bridge from Lincoln Court to Dade Blvd. New concrete panel seawall will be placed in front of the existing seawall on the South. Approximately 100 LF of Seawall. All dates are based on an award of no later than May 1,2015. If you have any questions please feel free to contact me. id/r9W4 Thanks Chad Widup Operations Director Bergeron Land Development Page 2 of 3 STANDARD TERMS AND CONDITIONS 1. Unless otherwise stated in this proposal,bond is not included. 2. Unless otherwise stated in this proposal testing,testing fees are by others. 3. Permit fees by others. 4. All material is guaranteed to be as specified. 5. All work to be completed in a workmanlike manner according to standard practices. 6. Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the proposal. 7. All agreements contingent upon strikes,accidents or delays beyond our control. 8. Unless otherwise indicated in writing,this proposal expires Thirty(30)days from date of quote if not accepted in writing before that time. At the sole option of Bergeron Land Development,Inc.(Hereinafter Bergeron),this proposal may be extended for additional periods of time. 9. It is expressly agreed that there are no promises,agreements,or understandings not set out in this proposal. This is a guaranteed max price proposal based on the items included by Bergeron. Any subsequent cancellations or modifications must be mutually agreed upon in writing. 10. Changes in labor classification or assignment of work by anyone other than Bergeron will establish a basis for renegotiation of prices set forth in this contract.At the sole option of Bergeron,this proposal may be canceled in the event that said changes or assignment occur or in the event that said renegotiation is deemed unsatisfactory by Bergeron. 11. In the event of a misunderstanding or conflict between the terms and conditions stated in the plans and specifications,this proposal shall govern. 12. Unless a time for the performance of Bergeron's work is specified,Bergeron shall undertake its work in the course of its normal operating schedule. Bergeron shall not be liable for any failure to undertake or complete work due to causes beyond its control,including but not limited to fire,flood,or other casualty, labor disputes,accidents and Acts of God,whether directly or indirectly affecting this work or other operations in which Bergeron is involved. 13. Unless otherwise agreed herein,payment terms are net cash,upon receipt of Bergeron's invoice.All monies not paid when due bear interest at the maximum rate allowed by law at the project. 14. If an agent and/or attorney is employed by Bergeron for collection of any delinquent payment,Customer agrees to pay,in addition to the service charge,all fees for the services of such agent and/or attorney(including,but not limited to,all fees and costs incidental to any appeals)together with all costs,charges and expenses,regardless of whether or not suit be brought. 15. This proposal and agreement shall be governed by the laws of the State of Florida without regard to principles of conflicts of laws. Venue of all proceedings shall be in Broward County,Florida and Customer waives whatever rights it may have in the selection of venue and hereby consents to jurisdiction. • Page 3 of 3 INCLUSIONS 1. The installation of approximately 1100 If of seawall on the North side of Collins Canal from Convention Center Drive to the corner of Washington Ave and Dade Blvd. 2. This includes backfilling behind the sea wall and re-grading slope adjacent to Dade Boulevard. 3. Sodding disturbed areas. 4. Surveying and As-builts included. 5. Anticipated duration for project is 6 months after permits and notice to proceed. 6. Demolition of existing guardrail,trees and asphalt based on foundation footprint. 7. The installation of piles and foundation. 8. Installation of pre-fabricated pedestrian bridge. 9. Installation of approach slabs. 10. The installation of sidewalk and restoration of asphalt pavement and sod. EXCLUSIONS 1. Landscaping. 2. Lighting 3. Any excess material that is not contaminated will be placed at a location of the City's choosing within 5 miles of the worksite. 4. Protection of existing utilities. 5. Permitting 6. Any cost associated with possible contamination. 7. Cost to harmonize with existing parking lots or driveways. 8. Accelerated working hours. 9. Mitigation Costs ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are hereby accepted.You are authorized to do the work as specified. Payment will be made fifteen days after approved invoice is received. SIGNATURE: DATE: These prices are firm for 30 DAYS AFTER BID DATE. �,....4 , s r-- • I •i "S "1,1.:04-0`fir' * .;,,,,,,t! � f ,41 • 1 alts r I■ ..,_.5.,� ,42----• s - _ - -•�A. +♦.5=■ yam. 1.J xt7 3. ! /t a -(L-AE b- a .f ',ilium �.1 -V., \ Co r Y • 3 1.'• 6 i -'� �v� �' ' i _'..•,.Z •' r '0)0° '•° ' . .';' • ' 7 txt • A. �� .. 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