2016-29453 Reso RESOLUTION NO. 2016-29453
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND
RECOMMENDATION OF THE CITY MANAGER IN CERTIFYING AN
EMERGENCY PURSUANT TO SUBSECTION 287.055(9)(c)(6)(a)(1),
FLORIDA STATUTES, ALL AS MORE SPECIFICALLY SET FORTH IN THIS
RESOLUTION AND THE ACCOMPANYING MEMORANDUM; AND AS
PERMITTED PURSUANT TO SECTION 2-367(e) OF THE CITY CODE,
WAIVING, BY 5/7 VOTE OF THE CITY COMMISSION, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S
BEST INTEREST; FURTHER, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 8, IN THE
AMOUNT OF $2,688,006, TO DESIGN-BUILD CONTRACT (DBC) WITH
BERGERON LAND DEVELOPMENT, INC., DATED APRIL 30, 2014 (THE
AGREEMENT), RELATED TO 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 NO. 8, PROVIDING FOR AN ADDITION TO
THE SCOPE OF WORK TO INCLUDE: CONTAMINATED SOIL DISPOSAL,
STREET LIGHTING ADJUSTMENTS, ROADWAY ADJUSTMENTS,
ADDITIONAL GRAVITY WALLS AND SIDEWALKS, DRAINAGE FOR
HARMONIZATION, PARK DRIVEWAYS, LANDSCAPING, RE-WRITING
LIGHTING SPECIFICATIONS, PAINTING OF FLY-OVER, AND
ASSOCIATED PERMITTING.
WHEREAS, at its March 14, 2007 meeting, the City Commission adopted the "Basis of
Design Report" (BODR) for the West Avenue — Bay Road Neighborhood Right-of-Way
Improvement Project; and
WHEREAS, the BODR improvements included road reconstruction, sidewalks and
bicycle circulation, installation of stormwater drainage systems, upgrade to the water distribution
system, landscaping, street parking, and street calming features; and
WHEREAS, on February 12, 2014, the City Commission approved, pursuant to
subsection 287.055(9)(c)(6)(a)(1), Florida Statutes, an emergency procurement of a Design
Build Contract (DBC) to Bergeron Land Development, Inc., which DBC was executed on dated
April 30, 2014 (the Agreement) to construct stormwater drainage pump stations at 6th, 10th and
14th Streets; and
WHEREAS, thereafter, over the past two years, the City Commission approved seven
(7) additional Change Orders to the DBC, in order to include improvements to the West Avenue
Neighborhood at the following right-of-ways: West Avenue from 6th to 8th Streets; 14th, 10th and
6th Streets from Alton Road to the Bay; 17th Street from Alton Road to Collins Canal; West
Avenue from Lincoln Road to Collins Canal; and the construction of a new pump station at the
intersection of 17th Street and West Avenue; and
WHEREAS, Change Order No. 8 proposes to include the following additional scope of
work:
• Removal and disposal of contaminated soil;
• Street lighting adjustments;
• Roadway elevation adjustments;
• Additional gravity walls and sidewalks;
• New drainage for harmonization;
• Landscaping maintenance plan, landscaping and sidewalks;
• Park driveways;
• Re-writing of City Ordinance and Specifications for Street Lighting;
• Permitting for Stantec (subcontractor engineering services); and
• Painting of the Alton Fly Over;
and
WHEREAS, as part of the existing scope of work Bergeron has uncovered
contaminated soils, the removal which exceeds the budget for this work on West Avenue due to
DERM requiring a special method of disposal for the material, which is not within the scope of
work already authorized under the prior change orders; and
WHEREAS, another portion of the work contemplated under Change Order No. 8, is to
be provided to Stantec for their support to the work associated with the permitting and disposal
of dewatering by other means than the sanitary sewer; and
WHEREAS, at the request of the City Administration, Stantec and Bergeron have
retained a special consultant to provide direction relating to DERM's dewatering requirements,
which consultant services were not considered in prior change orders, therefore, the costs
associated with the retention of the consultant are included in this Change Order No. 8; and
WHEREAS, an additional reason for Change Order No. 8, is due to the City's
changing light standards, that the City Commission subsequently adopted after the prior change
orders were issued, and the lighting change would be consistent with the City Commission's
direction; and
WHEREAS, finally, Change Order No. 8, would allow for harmonization of the street
elevations for access of adjacent owners of the right-of-ways, which harmonization was not
within the scope of prior change orders; and
WHEREAS, Change Order No. 8 is being requested to complete the current West
Avenue Neighborhood Improvements and the cost is estimated at $2,688,006; which includes a
10% owner's contingency in the amount of$244,364; and
WHEREAS, based upon the foregoing, the City Manager certifies an emergency
pursuant to subsection 287.055(9)(cX6)(a)(1), Florida Statutes and
WHEREAS, the City Manager and the Administration, pursuant to Section 2-367(e) of
the City Code, seek the City Commission's waiver, by 5/7 vote, of the competitive bidding
requirement, as it is in the City's best interest to waive the requirements due to the foregoing
reasons.
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
accept the findings and recommendation of the City Manager in certifying an emergency
pursuant to subsection 287.055(9)(c)(6)(a)(1), Florida Statutes, all as more specifically set forth
in this resolution and the accompanying memorandum; and as permitted pursuant to section 2-
367(e) of the City Code, waiving, by 5/7 vote of the City Commission, the competitive bidding
requirement, finding such waiver to be in the City's best interest; and approving and authorizing
the Mayor and City Clerk to execute Change Order No. 8, in the amount of $2,688,006, to
Design-Build Contract (DBC) with Bergeron Land Development, Inc., dated April 30, 2014 (the
Agreement), related to the completion of roadway improvements along West Avenue, between
6th and 8th Streets, and 10`h, 14`h, and 17th Streets, west of Alton Road; said Change Order No.
8, providing for an addition to the scope of work to include: contaminated soil disposal, street
lighting adjustments, roadway adjustments, additional gravity walls and sidewalks, drainage for
harmonization, park driveways, landscaping, re-writing lighting specifications, painting of fly-
over, and associated permitting.
PASSED and ADOPTED this S day of June, 2016.
ATTEST:
Philip -vin (-4/or
(n/rill v
Ra ael E. r nado, Ity Clerk
APPROVED AS TO
FORM & LANGUAGE
&FOR EXEC •N
T:\AGENDA\2016\June\Public Works\Bergeron. Reso.docx �. /� /(v
Hy-Attorney/1, •.
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Findings And
Recommendation Of The City Manager In Declaring An Emergency Pursuant To Subsection 287.055(9)(C)(6)(A)(1),
Florida Statutes,All As More Specifically Set Forth In This Resolution And The Accompanying Memorandum;And As
Permitted Pursuant To Section 2-367(E) Of The City Code, Waiving, By 5/7 Vote Of The City Commission, The
Competitive Bidding Requirement, Finding Such Waiver To Be In The City Best Interest; Further,Authorizing The City
Manager To Take The Following Actions To Procure The Necessary Services Under The Change Order No. 8;
Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 8, In The Amount Of$2,688,006,
To Design-Build Contract (DBV) With Bergeron Land Development, Inc., Dated April 30, 2014 (The Agreement),
Related To 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 No. 8, Providing For An Addition To The Scope Of
Work To Include: Contaminated Soil Disposal, Street Lighting Adjustments, Roadway Adjustments,Additional Gravity
Walls And Sidewalks, Drainage For Harmonization, Park Driveways, Landscaping, Re-Writing Lighting Specifications,
Painting Of Fly-Over, And Associated Permitting.
Key Intended Outcome Supported:
Item Summary/Recommendation:
At its March 14, 2007 meeting, the City Commission adopted the"Basis of Design Report" (BODR)for the West Avenue—Bay
Road Neighborhood right of way improvement project. The BODR improvements included road reconstruction, sidewalks and
bicycle circulation, installation of stormwater drainage systems, upgrade to the water distribution system, landscaping, street
parking, and street calming features.
On February 12,2014,the City Commission based upon the BODR,was awarded pursuant to subsection 287.055(9)(c)(6)(a)(1),
Florida Statute,an emergency procurement of a Design Build Contract(DBC)to Bergeron Land Development,Inc.,which DBC was
executed on dated April 30, 2014 (the Agreement)to construct stormwater drainage pump stations at 6th, 10th and 14th Streets.
Thereafter, over the past two years,the City Commission approved seven (7) additional Change Orders to the DBC, in order to
include improvements to the West Avenue Neighborhood at the following rights-of-way:West Avenue from 6th to 8th Streets; 14tH
10th and 6 Streets from Alton Road to the bay; 17th street from.Alton Road to Collins Canal;West Avenue from Lincoln Road to
Collins Canal; and the construction of a new pump station at the intersection of 17th Street and West Avenue.
Change Order No. 8 proposes to include the following additional scope of work:
• Removal and disposal of contaminated soil;
• Street lighting adjustments;
• Roadway elevation adjustments;
• Additional gravity walls and sidewalks;
• New drainage for harmonization;
• Landscaping maintenance plan, landscaping and sidewalks;
• Park driveways;
• Re-writing of City Ordinance and Specifications for Street Lighting;
• Permitting for Stantec(subcontractor engineering services); and
• Painting of the Alton Fly Over.
As part of the existing scope of work Bergeron has uncovered contaminated soils,the removal which exceeds the budget for this
work on West Avenue due to DERM requiring a special method of disposal for the material,which is not within the scope of work
already authorized under the prior Change Orders. Another portion of the work contemplated under Change Order No.8,is to be
provided to Stantec for their support to the work associated with the permitting and disposal of dewatering by other means than the
sanitary sewer. At the request of the City Administration, Stantec and Bergeron have retained a special consultant shall provide
direction relating to DERM's dewatering requirements, which consultant services were not considered in prior change orders,
therefore,the costs associated with the retention of the consultant are included in this Change Order No.8. An additional reason
for Change Order No. 8, is due to the City's changing light standards, that the City Commission subsequently adopted after the
prior change orders were issued,and the lighting change would be consistent with the City Commission direction. Finally,Change
Order No. 8,would allow for harmonization that of the street elevations for access of adjacent owners of the right of way,which
harmonization was not within the scope of prior change orders.
Change Order No. 8 is being requested to complete the current West Avenue Neighborhood Improvements and the cost is
estimated at$2,688,006;which includes a 10%owner's contingency in the amount of$244,364. Based upon the foregoing,the
City Manager declares an emergency pursuant to subsection 287.055(9)(c)(6)(a)(1),Florida Statutes. The City Manager and the
Administration, pursuant to section 2-367(e) of the City Code, seek the City Commission's waiver, by 5/7 vote, of competitive
bidding requirement, as it is in the city best interest to waive the requirements due to the foregoing reasons.
THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA ACCEPT THE RECOMMENDATION AND FINDINGS OF THE CITY MANAGER IN DECLARING AN EMERGENCY
PURSUANT TO SUBSECTION 287.055(9)(C)(6)(A)(1),FLORIDA STATUTES,AND AS PERMITTED PURSUANT TO SECTION
2-367(E) OF THE CITY CODE, WAIVING, BY 5/7 VOTE OF THE CITY COMMISSION, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY
Agenda Item 1121 R
/\AIAAAIRFAC'H Date 6-8-1(o
MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY SERVICES UNDER THE CHANGE
ORDER NO. 8.
Advisory Board Recommendation:
Financial Infor •tion:
Source of Amount Account Approved
Funds: 1 $806,402 Storm water line of credit
(� /1 2 $1,881,604 Neighborhoods Fund 384- Subject to
� J ,,,/1
Capital Budget Amendment
O P Total $2,688,006
Fin n ial Impact Summary:
City C erk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
Department ctor Assistant Manager City nager
JJF ETC , JLM
T:WGENDA\2016\June\PUBLIC WORKS\Bergeron CO No 4..Summaryupdated.doc
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSIO MEMORANDUM
TO: Mayor Philip Levine and Members of he City Co ission
FROM: Jimmy L. Morales, City Manager
DATE: June 8, 2016
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEP ING THE FINDINGS AND RECOMMENDATION
OF THE CITY MANAGER IN DECLARING AN EMERGENCY PURSUANT TO
SUBSECTION 287.055(9)(c)(6)(a)(1), FLORIDA STATUTES, ALL AS MORE
SPECIFICALLY SET FORTH IN THIS RESOLUTION AND THE ACCOMPANYING
MEMORANDUM; AND AS PERMITTED PURSUANT TO SECTION 2-367(e) OF THE
CITY CODE, WAIVING, BY 5/7 VOTE OF THE CITY COMMISSION, THE
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
CITY BEST INTEREST; FURTHER, AUTHORIZING THE CITY MANAGER TO TAKE
THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY SERVICES UNDER
THE CHANGE ORDER NO. 8; APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE CHANGE ORDER NO. 8, IN THE AMOUNT OF
$2,688,006, TO DESIGN-BUILD CONTRACT (DBC) WITH BERGERON LAND
DEVELOPMENT, INC., DATED APRIL 30, 2014 (THE AGREEMENT), RELATED TO
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 NO. 8, PROVIDING FOR AN
ADDITION TO THE SCOPE OF WORK TO INCLUDE: CONTAMINATED SOIL
DISPOSAL, STREET LIGHTING ADJUSTMENTS, ROADWAY ADJUSTMENTS,
ADDITIONAL GRAVITY WALLS AND SIDEWALKS, DRAINAGE FOR
HARMONIZATION, PARK DRIVEWAYS, LANDSCAPING, RE-WRITING LIGHTING
SPECIFICATIONS, PAINTING OF FLY-OVER, AND ASSOCIATED PERMITTING.
FUNDING
Amount Description
$806,402 Storm water line of credit
$1,881,604 neighborhoods Fund 384- Subject to Capital Budget Amendment
$2,688,006
Commission Memorandum — Bergeron Design-Built Agreement With Bergeron Land Development, Inc.
Page 2
BACKGROUND
At its March 14, 2007 meeting, the City Commission adopted the "Basis of Design Report"
(BODR) for the West Avenue — Bay Road Neighborhood right of way improvement project. The
BODR improvements included road reconstruction, sidewalks and bicycle circulation, installation
of stormwater drainage systems, upgrade to the water distribution system, landscaping, street
parking, and street calming features.
On February 12, 2014, the City Commission based upon the BODR, was awarded pursuant to
subsection 287.055(9)(c)(6)(a)(1), Florida Statute, an emergency procurement of a Design Build
Contract (DBC) to Bergeron Land Development, Inc., which DBC was executed on dated April
30, 2014 (the Agreement) to construct stormwater drainage pump stations at 6th, 10th and 14th
Streets. Thereafter, over the past two years, the City Commission approved seven (7)
additional Change Orders to the DBC, in order to include improvements to the West Avenue
Neighborhood at the following rights-of-way: West Avenue from 6th to 8th Streets; 14th, 10th and
6th Streets from Alton Road to the bay; 17th street from Alton Road to Collins Canal; West
Avenue from Lincoln Road to Collins Canal; and the construction of a new pump station at the
intersection of 17th Street and West Avenue.
Change Order No. 8 proposes to include the following additional scope of work:
• Removal and disposal of contaminated soil;
• Street lighting adjustments;
• Roadway elevation adjustments;
• Additional gravity walls and sidewalks;
• New drainage for harmonization;
• Landscaping maintenance plan, landscaping and sidewalks;
• Park driveways;
• Re-writing of City Ordinance and Specifications for Street Lighting;
• Permitting for Stantec (subcontractor engineering services); and
• Painting of the Alton Fly Over.
As part of the existing scope of work Bergeron has uncovered contaminated soils, the removal
which exceeds the budget for this work on West Avenue due to DERM requiring a special
method of disposal for the material, which is not within the scope of work already authorized
under the prior Change Orders. Another portion of the work contemplated under Change Order
No. 8, is to be provided to Stantec for their support to the work associated with the permitting
and disposal of dewatering by other means than the sanitary sewer. At the request of the City
Administration, Stantec and Bergeron have retained a special consultant shall provide direction
relating to DERM's dewatering requirements, which consultant services were not considered in
prior change orders, therefore, the costs associated with the retention of the consultant are
included in this Change Order No. 8. An additional reason for Change Order No. 8, is due to
the City's changing light standards, that the City Commission subsequently adopted after the
prior change orders were issued, and the lighting change would be consistent with the City
Commission direction. Finally, Change Order No. 8, would allow for harmonization that of the
street elevations for access of adjacent owners of the right of way, which harmonization was not
within the scope of prior change orders.
Commission Memorandum - Bergeron
June 08, 2016
Page 3
Change Order No. 8 is being requested to complete the current West Avenue Neighborhood
Improvements and the cost is estimated at $2,688,006; which includes a 10% owner's
contingency in the amount of$244,364.
Based upon the foregoing, the City Manager declares an emergency pursuant to subsection
287.055(9)(c)(6)(a)(1), Florida Statutes. The City Manager and the Administration, pursuant to
section 2-367(e) of the City Code, seek the City Commission's waiver, by 5/7 vote, of
competitive bidding requirement, as it is in the city best interest to waive the requirements due
to the foregoing reasons.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation and findings of the City Manager in declaring an
emergency pursuant to Subsection 287.055(9)(c)(6)(a)(1), Florida Statutes, and as permitted
pursuant to Section 2-367(e) of the City Code, waiving, by 5/7 vote of the City Commission, the
competitive bidding requirement, finding such waiver to be in the City's best interest; further,
authorizing the City Manager to take the following actions to procure the necessary services
under the change order no. 8.
JLM / / BAM 4 EB
•