HomeMy WebLinkAbout2002-25071 Reso
RESOLUTION NO.
2002-25071
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 A PROFESSIONAL SERVICES AGREEMENT,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ)
NO. 31-01/02 FOR DESIGN AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE VENETIAN
ISLANDS NEIGHBORHOOD RIGHT OF WAY
IMPROVEMENT PROJECT, WITH THE FIRM OF EDWARDS
AND KELCEY, INC., WHICH ACQUIRED THE TOP RANKED
FIRM OF KUNDE SPRECHER, INC. PRIOR TO THE START
OF FEE NEGOTIATIONS, IN THE NOT TO EXCEED
AMOUNT OF $799,903 COMPRISED OF $93,385 FOR
PLANNING SERVICES, $450,000 FOR DESIGN SERVICES,
$20,000 FOR BIDDING AND AWARD SERVICES, $150,000
FOR CONSTRUCTION ADMINISTRATION SERVICES, AND
$86,518 FOR OTHER DIRECT COSTS.
WHEREAS, Pursuant to Request for Letters of Interest No. 40-95/96 for
Professional Architectural! Engineering Services for Master Planning Improvements for the
Venetian Causeway and perimeter roads, the City, on February 13,1997, entered into an
agreement with the Urban Resource Group (URG) to prepare a Master Plan for Venetian
Islands Neighborhood Improvements which URG subsequently completed and which was
approved by the City Commission on April 15, 1998; and
WHEREAS, on April 12, 2000, the City Commission amended its agreement with
URG to provide for additional services related to design, construction documents,
additional services and reimbursable expenses associated with Phase 1 of the
improvements as defined in the Master Plan; and
WHEREAS, although funding for the additional services was identified and
appropriated at the time, funding sources were not identified to meet the estimated
construction costs of the project and no money was appropriated for this purpose; and
WHEREAS, it was subsequently determined by the City's Capital Improvement
Projects Office that the funds available for construction were substantially less than the
budget amount that URG was using as a target for designing improvements; and
WHEREAS, the City subsequently entered into good faith negotiations with URG to
revise the Professional Services Agreement, scope of services, and consultant fee amount
to match actual project funding; and
/
WHEREAS, the City and URG were unable to reach an agreement for these
necessary revisions to the original design contract and on February 11, 2002, the City
exercised its right per Section 10.2 of its Agreement with URG to terminate the Agreement
for convenience; and
WHEREAS, at the time of termination, construction designs for the project were
approximately 30% complete; and
WHEREAS, the City needs to hire an architectural and engineering firm to validate
planning efforts undertaken to date and to complete the 30% level construction documents
for Phase 1 of the Venetian Islands Neighborhood Improvements Project - consisting of
San Marino, Rivo Alto, Dilido, and Belle Islands including Belle Isle Park; and
WHEREAS, on April 10, 2002, the City Commission approved the issuance of a
Request for Qualifications (RFQ) No. 31-01/02 to provide planning, design, and
construction administration services for the Venetian Neighborhood Right of Way
Improvement Project and said RFQ was subsequently issued and responses received and
ranked by an official Evaluation Committee; and
WHEREAS, on July 31,2002, the Mayor and City Commission adopted Resolution
No. 2002-24929 accepting the ranking of proposals recommended by the Evaluation
Committee and authorizing the Administration to enter into negotiations with the top ranked
firm Kunde Sprecher and Associates, Inc.; and
WHEREAS, prior to negotiating an agreement with Kunde Sprecher and Associates,
Inc., the firm was acquired by the firm Edwards Kelcey, Inc.; and
WHEREAS, per direction from the City of Miami Beach Procurement Division,
documentation of the acquisition required for the procurement process to move forward
with the new firm was provided by Edwards Kelcey, Inc.; and
WHEREAS, the City utilized the services of Engineering Management Consultant
Pappas & Associates to assist in negotiating a not to exceed fee of $799,903 for the
required services;
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve
and authorize the Mayor and City Clerk to execute a professional services agreement,
pursuant to request for qualifications (RFQ) no. 31-01/02 for design and construction
administration services for the Venetian Islands Neighborhood Right of Way Improvement
Project, with the firm of Edwards and Kelcey, Inc., which acquired the top ranked firm of
Kunde Sprecher, Inc. prior to the start of fee negotiations, in the not to exceed amount of
$799,903 comprised of $93,385 for' planning services, $450,000 for design services,
$20,000 for bidding and award services, $150,000 for construction administration services,
..
..
and $86,518 for other direct costs.
PASSED and ADOPTED this 13th
day of November, 2002.
CITY CLERK
ATTEST:
~~ POvt ~
(Resolution No. 2002-25071)
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October 22, 2002
Mr. TIm Hemstreet
CIP Director
CIty of MIami Beach
1700 Convention Center Drive
MIami, FL 33139
RE: Neighborhood No. 13
Venetian IslandslBelle Park
Bid Packages B and C
Dear Mr. Hemstreet
Negotiations have been satisfactorily completed today on determining the fair and
equitable AlE fee to perform Tasks1-4, 6. It Is my professional recommendation that a
Time and Materials fee NOT TO EXCEED $799.903.00 be approved, and a contract
be entered into with the AlE firm of Edwards and Kelcey. The breakdown of the fee is as
follows:
Task 1 Planning $93, 385
Task 2 Design $450,000
Task 3 Bidding and Award $20,000
Task 4 Construction Administration $150,000
Task 6 Other Direct Costs $86,518
A total of five scope clarification I negotiation meetings were held, starting on
September 26, 2002. The original fee proposed by the firm of Edwards and Kelcey was
$998,000. Subsequent negotiation sessions reduced the fee to the final recommended
amount of $799.903.00. The savings of $198,097 was achieved as a result of the Team
effort involving Miami Beach CIP staff Donald Shockey and John De Pazos, and the
willingness of the members of the AlE firm Edwards and Kelcey to negotiate.
Sincerely,
~.~~
a:: Robert Mlddeugh, AIIIslant CIty Manager
KrIslIn McKew. CIty of M1J111lI 8eac:h CIP 0IlIce
00n8Id Shoc:key, ClP ,/
John De PIIms. C1P
a.lIIe CamIno, Bert VIdal. Suresh MIstry. Hazen and Sawyer Engineers
,
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135
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
A resolution authorizing the execution of a contract with Edwards Kelcey Inc. in the not-to-exceed amount
of $799,903 for the provision of Planning, Design, and Construction Administration services for the
Venetian Islands Right-of-Way Improvement Project.
Issue:
Should the Mayor and City Commission authorize the execution of a professional services agreement with
Edwards Kelcey, Inc. in the not-to-exceed amount of $799,903 for Planning, Design, and Construction
Administration services re uired to im lement the Venetian Islands Ri ht-ofWa 1m rovement Pro.ect?
Item Summary/Recommendation:
In 1997, the City contracted with Urban Resource Group to plan comprehensive infrastructure
improvements to the Venetian Islands. In April 2000, the City amended the contract to include construction
design. However, a CIP Office project funding reconciliation undertaken in summer 2001 indicated that the
available funding for the project was substantially less than the level of improvements being designed by
URG. The City and URG could not agree on design contract revisions necessitated by the funding
limitations identified. The City terminated its agreement with URG and issued an RFQ for the services
required to complete the planning and design of the project. On July 31, 2002, the Mayor and City
Commission adopted Resolution No. 2002-24929 accepting the ranking of proposals received pursuant to
Request for Qualifications (RFQ) No. 31-01/02 recommended by the Evaluation Committee and authorizing
the Administration to enter into negotiations with the top ranked firm Kunde Sprecher to provide planning,
design, and construction administration services for the Venetian Neighborhood Right-ofWay Improvement
Project. Prior to beginning negotiations with Kunde Sprecher, the firm was acquired in whole by Edwards
Kelcey, Inc. Required documentation of the acquisition was obtained by the Procurement Division and five
scope clarification/negotiation sessions with Edwards Kelcey were subsequently held with the assistance of
CIP staff and Engineering Management Consultant Pappas and Associates. A not-to--exceed fee of
$799,903 was agreed upon and recommended by Pappas and Associates, a reduction of $198,097 or
19.8% from the originally proposed fee of $998,000. The Administration recommends the approval of the
agreement.
Adviso Board Recommendation:
The G.O. Bond Committee was scheduled to review the item at their November 4 2002 meetin .
Financial Information:
Source of
Funds:
Amount
Account
Approved
City Manager
AGENDA ITEM
DATE
R7E
J f- 13-02-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: November 13. 2002
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \.. ~
City Manager a p'V 0
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 A PROFESSIONAL SERVICES
AGREEMENT, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ)
NO. 31-01/02 FOR DESIGN AND CONSTRUCTION ADMINISTRATION
SERVICES FOR THE VENETIAN ISLANDS NEIGHBORHOOD RIGHT-OF
WAY IMPROVEMENT PROJECT, WITH THE FIRM OF EDWARDS AND
KELCEY, INC., WHICH ACQUIRED THE TOP RANKED FIRM OF KUNDE
SPRECHER, INC. PRIOR TO THE START OF FEE NEGOTIATIONS, IN
THE NOT- TO-EXCEED AMOUNT OF $799,903 COMPRISED OF $93,385
FOR' PLANNING SERVICES, $450,000 FOR DESIGN SERVICES,
$20,000 FOR BIDDING AND AWARD SERVICES, $150,000 FOR
CONSTRUCTION ADMINISTRATION SERVICES, AND $86,518 FOR
OTHER DIRECT COSTS.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING
Funds for this project have already been appropriated for this agreement as follows:
ANALYSIS:
Source
Series 2000 General Obli ation Bond Fund
Water and Sewer Bond Fund
Stormwater Bond Fund
Pursuant to Request for Letters of Interest No. 40-95/96 for Professional Architectural!
Engineering Services for Master Planning Improvements for the Venetian Causeway and
perimeter roads, the City, on February 13, 1997, entered into an agreement with the Urban
Resource Group (URG) to prepare a Master Plan for Venetian Islands Neighborhood
Improvements. URG prepared a Master Plan which was approved by the City Commission
on April 15, 1998.
Commission Memorandum
November 13, 2002
Venetian Islands Right of Way Improvement Project AlE Award
Page 2 of 5
On April 12, 2000, the City Commission amended the agreement with URG to provide
additional services related to design, construction documents, additional services and
reimbursable expenses associated with Phase 1 of the improvements as defined in the
Master Plan. Although funding for the additional services was identified and appropriated
at the time, funding sources were not identified to meet the estimated construction costs of
the project and no money was appropriated for this purpose.
When the City established the Capital Improvement Projects Office in summer of 2001,
one ofthe Office's firsttasks in concert with Hazen and Sawyer, P.C., (Program Manager),
was to reconcile project design efforts with available project funding. In the course of this
work, it was determined that the funds available for construction were substantially less
than the budget amount that URG was using as a target for designing improvements. The
City entered into good faith negotiations with URG to revise the Professional Services
Agreement, scope of services, and consultant fee amount to match actual project funding.
Unfortunately, the City and URG could not reach an agreement for these necessary
revisions to the original design contract. On February 11 , 2002, the City exercised its right
per Section 10.2 of its Agreement with URG to terminate the Agreement for convenience.
At the time of termination, construction designs for the project were approximately 30%
complete.
At this point, the City needed to hire an architectural and engineering firm to validate
planning efforts undertaken to date and to complete the 30% level construction documents
for Phase 1 of the Venetian Islands Neighborhood Improvements Project - consisting of
San Marino, Rivo Alto, Dilido, and Belle Islands including Belle Isle Park. On April 10,
2002, the City Commission approved the issuance of a Request for Qualifications for
professional services needed to complete the design of the Project. An RFQ was issued,
and responses were received and ranked by an official Evaluation Committee.
On July 31, 2002, the Mayor and City Commission adopted Resolution No. 2002-24929
accepting the ranking of proposals recommended by the Evaluation Committee and
authorizing the Administration to enter into negotiations with the top ranked firms pursuant
to Request for Qualifications (RFQ) No. 31-01/02 to provide planning, design, and
construction administration services for the Venetian Neighborhood Right-of-Way
Improvement Project. At that time, the top-ranked firm was Kunde Sprecher and
Associates, Inc. Prior to the first negotiation with Kunde Sprecher, the firm notified the City
that it had been acquired by the firm Edwards Kelcey. Per direction from the City of Miami
Beach Procurement Division, documentation of the acquisition required for the
procurement process to move forward with the new firm was requested and obtained.
BACKGROUND:
The City of Miami Beach has developed various programs to improve the quality of life of
its residents. On November 2,1999, voters approved the issuance of approximately $92
million in General Obligation (GO) Bonds for Neighborhood, Parks, Beach and Fire Safety
Improvements, of which $57 million is allocated for capital right-of-way infrastructure
projects (Program). In addition to this allocation, a portion of the recent Water and
Wastewater Bond and Stormwater Bond issues also are allocated for capital right-of-way
Commission Memorandum
November 13, 2002
Venetian Islands Right of Way Improvement Project AlE Award
Page 3 of 5
infrastructure projects. These estimated $187 million of public right of way infrastructure
improvement projects are to be implemented over the next six (6) years. Program
elements include citywide water, wastewater and stormwater improvements; as well as a
variety of streetscape enhancement projects.
There are a total of thirteen neighborhoods within the overall Program scope. This
Commission Memorandum addresses the Venetian Islands Neighborhood which includes
San Marino Isle, Rivo Alto Isle, Di Lido Isle, and Belle Isle but excludes the Venetian
Causeway itself.
The project will coordinate streetscape work with some renovation of the neighborhood's
sanitary, water and storm water infrastructure. The scope of work is generally as described
below:
. Enhanced landscaping/irrigation and street lighting consistent with community
preferences
. Repair, extension or widening of sidewalks to comply with ADA-Title II
. Repair or replacement of some existing galvanized water mains throughout
community
. Street resurfacing/pavement markings
. Incorporation of traffic calming features, consistent with community preferences
. Improved stormwater drainage collection and disposal infrastructure
. Swale restoration and/or curb and gutter and gutter restoration and upgrades
. Renovation and improvements to Belle Isle Park
Total construction costs budgeted for this neighborhood are approximately $9,874,221.
The total construction costs associated with the neighborhood are funded from the General
Obligation, Water and Wastewater and Stormwater Revenue Bond Series.
The scope of services for each of the neighborhood projects is split into five primary
Phases including: Planning Phase (Task 1), Design Phase (Task 2), Bidding and Award
Phase (Task 3), Construction Administration Phase (Task 4), Additional Services (Task 5)
and Reimbursables (Task 6). A brief review of each of the task components follows.
SCOPE OF SERVICES:
The Scope of Services for each Project was developed as a basis for establishing the fee
to be negotiated. The following scope was proposed for the Venetian Islands
neighborhood:
Plannina Phase: The purpose of this Task is to establish a consensus design concept for
the referenced neighborhood that meets the needs of the community and stays within
established schedule and cost parameters. This intent is met through the performance of a
series of Community Design Workshops designed to encourage input from affected
residents and verify and validate previously developed concepts and priorities. Based on
the results of the Community Design Workshops, a draft Basis of Design Report is
Commission Memorandum
November 13, 2002
Venetian Islands Right of Way Improvement Project AlE Award
Page 4 of 5
developed on which subsequent design review committee presentations and approvals
from requisite City Divisions and jurisdictional permitting agencies are procured. A final
Basis of Design Report is prepared summarizing the accepted design concept, budget
level cost estimate and implementation schedule for use in the design phase of the Project.
It is the intent of this contract that the Planning phase services be completed within
approximately 150 calendar days of Notice to Proceed in order to expedite the
implementation of the Program.
Design Phase: The purpose ofthis Task is to prepare contract documents for the Project.
Included in this Task is the requirement that the Consultant perform a variety of forensic
tasks to verify, to the extent practicable, existing conditions and the accuracy of base maps
to be used for development of the contract drawings. Detailed quality requirements for the
preparation of drawings, specifications and front-end documents are specified in the
Agreement. In addition, requirements with regard to constructability and value engineering
reviews are also specified to occur during this Task. As a part of its design services, the
Consultant is also required to prepare opinions oftotal probable cost and conduct reviews
of its contract documents with jurisdictional permitting agencies prior to finalization.
Biddina and Award: The purpose ofthis Task is to assist City in bidding and award ofthe
contract. Program Manager shall transmit contract documents prepared by the Consultant
to the City's Risk Management and Procurement Departments for verification of
appropriate insurance and bonding capacity requirements for each Project prior to bid.
Various departments within CITY (Risk Management, Procurement and the City Attorney's
Office) have nontechnical review responsibility for the Construction Contract Documents.
Consultant shall assist Program Manager in this process by providing three copies of
Construction Contract Documents, participating in meetings, submissions, resubmissions
and discussions with these departments. Consultant shall respond to City comments
within ten calendar days of receipt of comments unless a different time schedule is agreed
to by Program Manager.
Construction Administration Services: The purpose of this Task is to perform office
administration activities related to the construction of the Project(s). These tasks shall be
performed during the duration of all construction projects and includes; submittal reviews,
responses to requests for information, change order review and miscellaneous meeting
attendance. The Program Manager will provide full time field observation staff to augment
the Consultant's construction administration effort.
Additional Services: No additional services are envisioned at this time. However, if such
services are required during the performance ofthe Work, they shall be requested by City
and negotiated in accordance with contract requirements. Note that a separate Notice to
Proceed is required prior to performance of any Work not expressly required by this scope
of services. If Consultant proceeds with out of scope Work without proper authorization, it
does so at its own risk.
Commission Memorandum
November 13, 2002
Venetian Islands Right of Way Improvement Project AlE Award
Page 5 of 5
Reimbursables: The Consultant will be reimbursed for the following costs:
. usual and customary rate for reproduction of reports, contract documents, special
graphics and miscellaneous items, as may be requested by City;
. mileage at the United States Internal Revenue Service established rate for travel
and subsistence;
. topographic surveying;
. a preliminary field exploration program to identify typical geotechnical conditions
along the proposed pipeline corridor(s) and/or to ascertain the sub surface
conditions with respect to its drainage design.
CONTRACT FORMAT AND FEE:
The contract is structured in a Not-to-Exceed format and a separate Notice to Proceed will
be required prior to commencement of each of the noted Task Phases. Estimated fees
are based upon a man-hour projection for the tasks requested. The City retained the
services of Pappas & Associates to assist in fee negotiations. Five scope clarification and
negotiation sessions were held and a final fee of $799,903 was agreed upon and
recommended by Pappas and Associates in the attached letter (Attachment A), a reduction
of $198,097 or 19.8% from the originally proposed fee of $998,000. The Administration
recommends approval of the agreement and the adoption of the attached Resolution.
JMG/RCMfTH/DPS
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