2016-29330 Reso RESOLUTION NO. 2016-29330
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AMENDMENT NO.
2 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND JAMECK
DEVELOPMENT, INC. (DEVELOPER), •DATED JULY 23, 2014, FOR THE
DESIGN, DEVELOPMENT, AND CONSTRUCTION OF CERTAIN STREETSCAPE
IMPROVEMENTS IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF
EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE SOUTH
(THE PROJECT); SAID AMENDMENT APPROVING A CITY REQUESTED
CHANGE ORDER, IN THE AMOUNT OF $13,498.88, RELATING TO THE
LANDSCAPING FOR THE PROJECT; PROVIDING THAT DEVELOPER SHALL
BE RESPONSIBLE FOR THE UNFORESEEN ENVIRONMENTAL STUDIES AND
REMEDIATION RELATING TO THE PROJECT, IN THE AMOUNT OF $2,810, AS
WELL AS ANY ADDITIONAL ENVIRONMENTAL COSTS WHICH MAY ARISE
RELATING TO THE PROJECT; INCREASING THE GUARANTEED MAXIMUM
PRICE (GMP) OF THE PROJECT FROM $806,340 TO $819,838.88; AND
INCREASING THE CITY'S BUDGETED COSTS FOR THE PROJECT FROM
$458,820 TO $466,500.86; AND FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 2.
WHEREAS, Jameck Development, Inc. (Developer), approached the City to enter into a
Development Agreement for the closure of a portion of Euclid Avenue, between Lincoln Road
and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road
pedestrian mall, and the construction of streetscape improvements (the Improvements) in the
City's right-of-way (the Project); and
WHEREAS, the Project will benefit the public in the following ways: (a) by removing
delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a
delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east
or west through Lincoln Lane South instead of having to back up and turn around to exit on
Euclid Avenue; (b) by providing residents and visitors with an entrance to Lincoln Road off
Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval; and
WHEREAS, on June 5, 2013, the Mayor and City Commission adopted Resolution No.
2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into
negotiations with the Development for a Developer Agreement to design and build the Project;
and
WHEREAS, on its June 11, 2014 meeting, the City Commission adopted Resolution
No.2014-28628, approving the Development Agreement on first reading; and
WHEREAS, on its July 23, 2014 meeting, the City Commission adopted Resolution No.
2014-28673, approving the Development Agreement on second and final reading; and
WHEREAS, on August 28, 2014, the City and Developer executed the Development
Agreement for the Project, reflecting a guaranteed maximum price (GMP) of$485,821; and
WHEREAS, the Contractor's proposal exceeded the City's budgeted cost, in the amount
of $485,820 (City's cost), so the Developer agreed to pay for any Project costs exceeding the
City's cost; and
WHEREAS, On September 2, 2015, pursuant to Resolution Number 2015-29127, the
Mayor and City Commission approved Amendment No 1 to the Development Agreement,
increasing the guaranteed maximum price (GMP) of the Project to $786,200 with the Developer
assuming the development costs exceeding the City's cost; and
WHEREAS, On October 14, 2015, pursuant Resolution 2015-29158, the Mayor
and City Commission approved the amendment to Resolution Number 2015-29127 relating
to Amendment No. 1, to: (1) correct the guaranteed maximum price (GMP) of the Project
from $786,200 to $806,340 (to include the cost of the bond insurance requirement); (2)
correct the City's budgeted cost to reflect $485,820 (of which $27,000 budgeted for City's
construction management costs, leaving $458,820 for City's contribution to the Project); (3)
provide that the City would pay each approved draw in proportion to the City's contribution
to the Project; and (4) providing that Developer would be responsible for entire scope of the
Project, including the underground utility work, and assuming the GMP costs exceeding the
City's Contribution; and
WHEREAS, the City has changed the approved landscape plan to require
Developer to leave the existing copper pod trees at their current location, which in
consequence requires additional landscape work; and
WHEREAS, the total cost of the Landscape work is in the amount of $13,498.88,
and the City's proportionate contribution (56.90%) of this cost is $7,680.86, which change
will be memorialized, in writing, as an agreed upon change order; and
WHEREAS, this change order increases the GMP total amount from $806,340 to
$819,838.88, thereby increasing the City's contribution to the Project to $466,500.86; and
WHEREAS, during the course of the development of the Project, Developer has
incurred the cost of some unforeseen environmental studies and remediation, in the
amount of $2,810, for which Developer has agreed to be responsible, including any
additional future environmental costs related to the development of the Project; and
WHEREAS, the Administration recommends approving Amendment No. 2 to the
Development Agreement, (1) adding the additional work to the Development Agreement as
an approved change order; (2) increasing the GMP of the Project to $819,838.88, thereby
increasing the City's contribution to $466,500.86; and (3) clarifying that as part of
Developer assuming the GMP costs above the City's Contribution, Developer shall pay the
cost of any environmental studies or any required remediation relating to the Project.
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 Amendment No. 2 to the Development
Agreement between the City and Jameck Development, Inc. (Developer), dated July 23,
2014, for the design, development, and construction of certain streetscape improvements in
the City's right of way, at the portion of Euclid Avenue between Lincoln Road and Lincoln
Lane South (the Project); said amendment approving a City requested change order, in the
amount of $13,498.88, relating to the landscaping for the Project; providing that Developer
shall be responsible for the unforeseen environmental studies and remediation relating to
the Project, in the amount of $2,810, as well as any additional environmental costs which
may arise relating to the Project; increasing the guaranteed maximum price (GMP) of the
Project from $806,340 to $819,838.88; and increasing the City's budgeted costs for the
Project from $458,820 to $466,500.86; and further authorize the Mayor and City Clerk to
execute Amendment No. 2.
PASSED AND ADOPTED this 9 day of March, 2016.
///.
PHILIP LE; A'Y�R
ATTEST:
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City Attorney fair Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing
Amendment No. 2 To The Development Agreement Between The City And Jameck Development, Inc. (Jameck Or
Developer), Dated July 23, 2014, For The Design, Development, And Construction Of Certain Streetscape Improvements In
The City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (The Project);
Said Amendment Approving A City Requested Change Order, In The Amount Of$13,498.88, Relating To The Landscaping
For The Project; Providing The Developer Shall Be Responsible For The Unforeseen Environmental Studies And
Remediation Relating To The Project, In The Amount Of $2,810, As Well As Any Additional Environmental Costs Which
May Arise Relating To The Project; And Increasing The Guaranteed Maximum Price (GMP) Of The Project From $806,340
To$819,838.88 In Connection With Said Change Order And The Additional Environmental Costs; And Increasing The City's
Budgeted Costs For The Project, From $458,820 To $466,500.86, To Include The Cost Of The Change Order; And Further
Authorizing The Mayor And City Clerk To Execute Amendment No. 2.
Key Intended Outcome Supported:
Ensure well designed quality capital projects-- Increase Community Satisfaction with City Services
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey, recently completed capital
projects were highly rated by both residents and businesses.
Item Summary/Recommendation:
Jameck Development, Inc. (Developer) approached the City to enter into a development agreement for the closure of a
portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the
Lincoln Road pedestrian mall, and the construction of streetscape improvements in the City's right-of-way (the Project).
This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just
south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles
to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b)
by providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more
space for performances at the Euclid Oval.
On September .2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved
Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to
$786,200; with the Developer paying for any Project costs in excess of the City's cost.
On October 14, 2015, pursuant Resolution 2015-29158, the Mayor and City Commission approved Amendment to the
Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $806,340; due to bond
insurance requirements with the Developer paying for any Project costs in excess of the City's cost.
Thereafter, the City requested the developer leave the existing Copper pod trees at their current location, which in
consequence requires additional landscape work. The total cost of the Landscape work is in the amount of$13,498.88, and
the City's proportionate contribution (56.90%) of this cost is $7,680.86. This change increases the GMP total amount from
$806,340 to $819,838.88. The total cost of the City's contribution would be increased to $466,500.86 if this resolution is
approved.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
•
Financial Information:
Source of nds: Amount Account
1 $7,681 365-2767-069351
Total $7,681
Financial Impact Summary: Funds for this project were approved by the City Commission as part of the City Center Redevelopment
District Funds(City Center RDA) in the FY 2012/13 and FY 2013/14 Capital Budget.
City Clerk's Office Legislative Tracking: Bruce Mowry, Ext.6565
Sign-Offs:
Department Director Assis t City Manager City.Ma 1 f��er
JJF ETC , JL i
T:\AGENDA\2016` larch Pub is Works\Euclid Street End GMP Arnedment 2 SUMM.docx
g-r4 Agenda Item P7Ci.
MIAMI BEACH Date 3-9—/h
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSIO MEMORANDUM
TO: Mayor Philip Levine and Members o;Ithe City CII' mission
FROM: Jimmy L. Morales, City Manager
DATE: March 09, 2016
SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING AMENDMENT NO. 2 TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND JAMECK
DEVELOPMENT, INC. (JAMECK OR DEVELOPER), DATED JULY
23, 2014, FOR THE DESIGN, DEVELOPMENT, AND
CONSTRUCTION OF CERTAIN STREETSCAPE IMPROVEMENTS
IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID
AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE
SOUTH (THE PROJECT); SAID AMENDMENT APPROVING A CITY
REQUESTED CHANGE ORDER, IN THE AMOUNT OF $13,498.88,
RELATING TO THE LANDSCAPING FOR THE PROJECT;
PROVIDING THAT DEVELOPER SHALL BE RESPONSIBLE FOR
THE UNFORESEEN ENVIRONMENTAL STUDIES AND
REMEDIATION RELATING TO THE PROJECT, IN THE AMOUNT
OF $2,810, AS WELL AS ANY ADDITIONAL ENVIRONMENTAL
COSTS WHICH MAY ARISE RELATING TO THE PROJECT; AND
INCREASING THE GUARANTEED MAXIMUM PRICE (GMP) OF
THE PROJECT FROM $806,340 TO $819,838.88 IN CONNECTION
WITH SAID CHANGE ORDER AND THE ADDITIONAL
ENVIRONMENTAL COSTS; AND INCREASING THE CITY'S
BUDGETED COSTS FOR THE PROJECT, FROM $458,820 TO
$466,500.86, TO INCLUDE THE COST OF THE CHANGE ORDER;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 2.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well designed quality capital projects
Increase Community Satisfaction with City Services
City Commission Memorandum
Amendment No. 2 to Development Agreement with Jameck Development, Inc.-Euclid Street End Project
March 09, 2016
Page 2 of 3
FUNDING
$ 7,681 365-2767-069358
$ 7,681 Total
BACKGROUND
Jameck Development, Inc. (Developer) approached the City to enter into a development
agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln
Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and
the construction of streetscape improvements in the City's right-of-way (the Project).
This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the
end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading
zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln
Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by
providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and
(c) by creating more space for performances at the Euclid Oval.
On June 5, 2013, the Mayor and City Commission adopted Resolution No. 2013-28236,
approving the Conceptual Plan and authorizing the City Manager to enter into negotiations with
the Developer to design and build the Project.
At its June 11, 2014 meeting, the City Commission approved Resolution No. 2014-28628,
approving the Development Agreement between Jameck and the City on first reading.
At its July 23, 2014 meeting, the Mayor and City Commission approved Resolution No. 2014-
28673 approving the Development Agreement on second and final reading.
The Project had a total budgeted cost to the City of $485,820 (City's cost), with any additional
funds for the Project to be covered by the Developer. Such City funds were appropriated from
Miami Beach Redevelopment Agency (Historic Convention Village/City Center RDA) Funds.
ANALYSIS
On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City
Commission approved Amendment No 1 to the Development Agreement, increasing the
guaranteed maximum price (GMP) of the Project to $786,200; with the Developer paying for any
Project costs in excess of the City's cost.
On October 14, 2015, pursuant Resolution 2015-29158, the Mayor and City Commission
approved Amendment to the Development Agreement, increasing the guaranteed maximum
price (GMP) of the Project to $806,340; due to bond insurance requirements with the Developer
paying for any Project costs in excess of the City's cost.
Thereafter, the City requested the developer leave the existing Copper pod trees at their
current location, which in consequence requires additional landscape work. The total cost
of the Landscape work is in the amount of $13,498.88, and the City's proportionate
contribution (56.90%) of this cost is $7,680.86. This change increases the GMP total
amount from $806,340 to $819,838.88. The total cost of the City's contribution would be
increased to $466,500.86 if this resolution is approved.
•
City Commission Memorandum
Amendment No. 2 to Development Agreement with Jameck Development, Inc.-Euclid Street.End Project
March 09, 2016
Page 3of3
CONCLUSION
•
The Administration recommends amending Resolution Number 2015-29127, correcting the
GMP Project cost to reflect $819,838.88, the City's total contribution increasing to
$466,500.86 with the Developer assuming the GMP costs above the City's Contribution,
and reflecting the inclusion of the Additional work in Amendment No. 2 to the Development
Agreement.
JLM/ /JJF/BAM/WR:/JR
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