298-98 RDA
RESOLUTION NO.
298- 9 8
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY, APPROVING AN AMENDMENT, IN THE AMOUNT OF
$150,000, TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL
SYSTEMS INTERNATIONAL, INC.; SAID AMENDMENT EXPANDING THE
SCOPE OF WORK TO (1) UNDERTAKE CONSTRUCTION DRAWINGS AND
IMPLEMENTATION OF THE 17TH AND 18TH STREET-END IMPROVEMENTS AS
PART OF THE PEDESTRIAN BEACHWALK PROJECT; (2) ALLOW FOR
COASTAL SYSTEMS TO COMPLETE THE PERMITTING PROCESS WITH THE
STATE OF FLORIDA, PENDING THE OUTCOME OF THE ADMINISTRATIVE
APPEAL FILED BY WALLACE CORPORATION; (3) PREPARE NECESSARY
DOCUMENTATION AND PARTICIPATE IN THE ADMINISTRATIVE HEARING
CONCERNING THE PROPOSED BEACHWALK PROJECT; AND (4) MANAGE THE
CONSTRUCTION OF THE ENTIRE PROJECT, WITH A TOTAL PROJECT COST
NOT TO EXCEED $3.6 MILLION; FURTHER APPROPRIATING $150,000
FROM AVAILABLE 96 SERIES TAX INCREMENT BOND REVENUE FUNDS FOR
THIS PURPOSE; AUTHORIZING THE ADMINISTRATION AND CITY
ATTORNEY'S OFFICE TO PREPARE ANY NECESSARY DOCUMENTS TO
MEMORIALIZE THE AMENDMENT; AND AUTHORIZING THE CHAIRMAN AND
SECRETARY TO EXECUTE SAME.
WHEREAS, on July 11, 1996, the Redevelopment Agency approved
a Resolution authorizing the Chairman and Secretary to execute an
Agreement between the Redevelopment Agency and Coastal Systems
International, Inc. , providing for architectural/engineering
services for the proposed pedestrian beachwalk from 21st Street to
Lummus Park (Beachwalk Project); and
WHEREAS, Coastal Systems has succeeded in obtaining the
necessary approvals and permits from state and local regulatory
agencies to undertake the Beachwalk Project; and
WHEREAS, Coastal Systems has, at the request of the
Administration, prepared conceptual plans and cost estimates for
the extension of 17th and 18th Streets, seaward to the Erosion
Control Line; a proj ect which is of significant importance to
address severe limitations for traffic circulation and parking,
especially as it relates to the operations of the Delano and Ritz
Plaza Hotels; and
WHEREAS, the Redevelopment Agency desires to continue to
utilize Coastal Systems to undertake the permitting,
construction drawings and implementation of the 17th and 18th
Street-end improvements, as part of the Beachwalk Project; and
WHEREAS, in April 1998, a Petition for an Administrative
Hearing was filed by Wallace Corporation, as owners of the Richmond
Hotel, located at 1757 Collins Avenue, challenging the State's
issuance of a permit for the Beachwalk Project; and
WHEREAS, in the City's continued defense of this action,
Coastal Systems will have to provide testimony and prepare
documentation to support the City's case during the pendency of the
Administrative Hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the
Redevelopment Agency approve an Amendment, in the amount of
$150,000, to the Professional Services Agreement with Coastal
Systems International, Inc.; said Amendment expanding the scope of
work to (1) undertake construction drawings and implementation of
the 17th and 18th Street-end improvements as part of the
Pedestrian Beachwalk proj ect; (2) allow for Coastal Systems to
complete the permitting process with the State of Florida, pending
the outcome of the Administrative Appeal filed by Wallace
Corporation; (3) prepare necessary documentation and participate
in the Administrative Hearing concerning the proposed Beachwalk
Project; and (4) manage the construction of the entire Project,
wi th a total Proj ect cost not to exceed $3.6 million; further
appropriate $150,000 from available 96 Series Tax Increment Bond
Revenue Funds for this purpose; authorize the Administration and
the City Attorney's Office to prepare any necessary documents to
memorialize the Amendment; and authorize the Chairman and
Secretary to execute same.
15th day of
July
,1998.
PASSED AND ADOPTED THIS
~
Chairman
ATTEST: 0
~6~~
Secretary
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
111 ~ G/~/~(})
Redevelopment Agency ~
GI'r1/'rol Counsel
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach. Florida 33139
Telephone: (305) 673- 7295
Fax: (305) 673- 7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 98- 2-9
July 15, 1998
TO: Chairman and Members of the
Miami Beach Redevelopmen Agency
FROM: Sergio Rodriguez
Executive Director
SUBJECT: A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY APPROVING AN AMENDMENT IN THE
AMOUNT OF $150,000, TO THE PROFESSIONAL SERVICES
AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC.; SAID
AMENDMENT EXPANDING THE SCOPE OF WORK TO: (1) UNDERTAKE
CONSTRUCTION DRAWINGS AND IMPLEMENTATION OF THE 17TH AND
18TH STREET-END IMPROVEMENTS AS PART OF THE PEDESTRIAN
BEACHWALK PROJECT; (2) ALLOW FOR COASTAL SYSTEMS TO
COMPLETE THE PERMITTING PROCESS WITH THE STATE OF FLORIDA
PENDING THE OUTCOME OF THE ADMINISTRATIVE APPEAL FILED BY
THE WALLACE CORPORATION; (3) PREPARE NECESSARY
DOCUMENTATION AND PARTICIPATE IN THE ADMINISTRATIVE
HEARING CONCERNING THE PROPOSED BEACHWALK PROJECT, AND
(4) MANAGE THE CONSTRUCTION OF THE ENTIRE PROJECT;
APPROPRIATING $150,000 FROM AVAILABLE SERIES 9GB TAX
INCREMENT BOND REVENUE FUNDS FOR THIS PURPOSE;
AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE
TO PREPARE NECESSARY DOCUMENTS TO MEMORIALIZE THE
AMENDMENT; AND AUTHORIZING THE CHAIRMAN AND SECRETARY TO
EXECUT!: SAME.
ADMINISTRA TION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
Pursuant to the City and the RDA's direction on April 28, 1995, the City is undertaking extensive
infrastructure improvements, including the extension of the beachwalk between 21st Street (where
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l?edevel{)pment I)istrict
l?ede; Agenda Item 3A ?7
1-\~-9~
Date
the existing wooden boardwalk ends) and Lummus Park. The project is very important to hotel
properties fronting the proposed route, and is part of the City's obligations under the terms of the
Loews agreement. The City has engaged Coastal Systems International, a multi-disciplined
engineering firm, specializing in coastal construction and permitting, to develop design plans for the
beachwalk and to coordinate with State and County regulatory agencies, the City, and affected
property owners fronting the proposed beachwalk route in order to permit and implement the project.
To date, the consultants have completed working drawings, as well as a report describing the scope
of the project, the physical/environmental considerations pertaining to the proposed layout and
composition of the beachwalk, and construction cost estimates associated with building the project.
Copies of the consultant's report and plans for the proposed beachwalk were provided to the City
Commission at the Commission Meeting of September 24, 1997.
The plans have been well received by the State of Florida's Department of Environmental Protection
and Miami-Dade County's Department of Environmental and Resource Management, as well as
affected beachfront property owners along the proposed route. On March 25, 1998, the Department
of Environmental Protection approved the permit for the proposed project pending a fourteen-day
public noti,eing period, during which time any person(s) whose interests were affected by the State's
intent to issue the permit, could file a request for an Administrative Hearing in accordance with
Section 120,569 and 120.57 of the Florida Statutes. The owners of the Richmond Hotel, who have
opposed the project from the beginning, filed for a hearing, which will occur on August 11
through August 13, 1998.
ANAL YSIS:
Under the terms of their present contract, Coastal Systems was asked to undertake a beachwalk
location analysis and report to determine the optimum location for the beachwalk and the
construction and landscaping material for the project, given the constraints of State regulatory
agencies, the concerns of property owners fronting the proposed route, and operational! maintenance
issues identified by the City; to develop conceptual design alternatives based upon the information
collected in the analysis phase; to facilitate County and State coastal permitting for the project and
to prepare design plans and construction drawings.
The original contract for Coastal Systems was negotiated at $300,000, or 10 percent of the
$3,000,000 budget allocated towards the beachwalk project. Since a project of this nature had
never been successfully tested before in the State of Florida, neither the Administration nor
Coastal Systems was able to anticipate some of the complex issues that arose, Addressing these
issues required a significant amount of additional work by Coastal Systems, exceeding the scope
of their contract.
The additional services provided by Coastal Systems are as follow:
Public meetings: In addition to the three group meetings which were held to advise
property owners (fronting the proposed beachwalk route) of project details and design progress, it
was necessary to have multiple additional meetings with each of the property owners individually
to present, discuss and, to an extent (in some cases), negotiate specific design details relating to
their respective properties. More than thirty meetings were held with individual property owners,
with each of the meetings resulting in design modifications to the specific affidavits and/or easement
agreements that were individually drafted to satisfy each particular property owner's concerns.
Obtaining easement agreements from certain properties fronting the proposed
Beachwalk Project: Since the proposed layout of the beachwalk meanders landward of the Erosion
Control Line (ECL) on some of the hotel properties fronting the project, an easement agreement
was required between those properties involved and the City of Miami Beach. Of the twenty-three
properties fronting the project, eleven properties required easement agreements initially, The City's
Administration directed Coastal Systems to move the project off as many of these properties as
possible. This process was rendered extremely difficult by virtue of the seaward extent of these
properties, the location of the dune and the minimum required width of the proposed beachwalk.
Through extensive meetings with affected properties and with the State of Florida, Coastal Systems
was able to reduce the number of properties requiring easements to six.
Coastal Systems has worked with the City's Legal Department to prepare and to assist in the
execution of the individual easement agreements, addressing as many of the concerns of the
affected Pt'operty owners as possible.
It should be noted that only because of these meetings was the City able to obtain executed owner's
certificates/letters-of-no-objection from twenty two of the property owners fronting the proposed
beachwalk project, allowing Coastal Systems International, Inc., to act as the permit agent in
processing a Coastal Construction Control Line (CCCL) permit application with the State
Department of Environmental Protection (DEP).
Updating the Beachfront Management Plan pursuant to the terms of Agreement No.
3595, between the City and the Florida Department of Environmental Protection: As a
prerequisite to approving the permit application for the beach walk project, the State of Florida,
Department of Environmental Protection (FDEP), required the City to provide an updated
Beachfront Management Plan, something which, at the time, no one in the present Administration
was entirely familiar with.
In 1982, the City of Miami Beach entered into a 25-year management agreement with the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida for the management of the
use of the public beachfront between Government Cut and the northern boundary of Miami Beach.
Among the terms of the agreement is a requirement for the City to provide an updated management
plan every five years. The first 5-year agreement expired in 1995 and was due for renewal.
In September, 1997, with the assistance of Coastal Systems, the Administration was able to pull
together a new management plan, which was approved for submittal to the State of Florida by the
Miami Beach City Commission on September 24, 1997. In the transmittal letter to the State, the City
informed the DEP that the City is in the process of developing an overall Master Plan for the beach
to address a variety of issues and concerns, but that it would not be completed in time for the
submittal of the beachwalk permit. The State recommended that on an interim basis, the City
amend and re-submit the old plan by removing reference to a bicycle path, originally conceived
as a linkage between 21 st Street and Lummus Park and replacing it with language describing the
new beachwalk extension project. The plan should also reflect any other updated information from
appropriate sources such as Recreation, Culture and Parks, Planning and Zoning and Property
Management. The DEP approved the plan in February, 1998.
Coastal Systems was instrumental in securing Governor and Cabinet review and approval of the
updated management plan.
Administrative Hearing
In April 1998, the Richmond Hotel filed for an Administrative petition with the Florida Department
of Environmental Protection, challenging the project on the grounds that it would negatively impact
their property due to increased pedestrian traffic, affect accessibility to the beach from their property
and have a negative impact on the environment. In anticipation of of this move, Coastal Systems
was directed to re-design the project, interrupting the beachwalk on the south side of the
Richmond's property and picking up again on the north side. The revised plan was subsequently
approved by the State. The petitioners had already filed for the hearing before they were aware of
this development.
,
The City has engaged Earl G. Gallop of Nagin Gallop Figueredo, specializing in environmental
litigation, as outside counsel to represent the City. Based on their review of the Richmond's
petition, discussions of the case with counsel and staff at the FDEP and consultation with Coastal
Systems, there is a reasonably good probability that the petition will be dismissed upon motions to
dismiss for lack of standing or by summary order.
In addition to having to serve as witnesses during the hearing, Coastal Systems is compiling all the
necessary background information, exhibits and other requirements for the hearing.
Proposed additional scope of work - Street-end design (17th and 18th Streets)
Coastal System's scope of work did not include the portion of the physical street-ends between
Collins Avenue and the Erosion Control Line (ECL).
In the meetings with various hotel owners, the importance of access points and addressing traffic
and parking concerns on 17th and 18th Streets was strongly emphasized. Many of the hotel owners
wanted to expand the concept plan to include the streetends, which had been contemplated for
construction in the TECCA budget. Coastal Systems has developed conceptual plans and cost
estimates for the extension of 17th and 18th Streets, seaward to the ECL. The current layout of the
two street-ends poses severe limitations for traffic circulation and parking, especially as it relates
to the operations of the Delano and Ritz Plaza Hotels. Coastal Systems is recommending to extend
and reconstruct both street-ends to match the Boardwalk motif. The street-end cul-de-sacs are
proposed to be relocated approximately 50 to 70 feet east, respectively, to enhance the conditions
of the streets and improve the street-end layout. Extension and reconstruction of the two street-ends
will require demolition and reconstruction of the public right-of-way with new curbing, paver block
sidewalks, asphalt pavement, striping and signage. The preliminary estimated cost to undertake
these improvements is approximately $610,000. TCCEA originally approved funding for the
streetends, however the funding must be appropriated by the City Commission.
The administration of this project is going to require extensive coordination with FDOT and the
City to tie-in planned improvements to Collins Avenue and to accommodate the operational needs
of adjacent hotels. The construction of the street-ends will most likely have to be phased, requiring
further design and detailing on the construction plans,
Additional Permitting: The scope of permitting services in Coastal System's original
contract provided for permitting on an hourly basis, The fee amount allocated for these services
was substantially lower than what was and what is required to complete all elements of the
permitting process. Specifically, given the requirements of the majority of the property owners to
move the beachwalk easterly off of their property and onto State-owned lands, the coordination and
justifications with the State regulatory agencies became more difficult and time consuming.
Furthermore, the extension of the street-ends will require additional coordination with the State.
At the time the contract was negotiated, the City did not envision the extensive number of meetings
with property owners fronting the proposed beachwalk. Collectively, more than 30 meetings were
held with property owners on a one-on-one basis, and for every change made to the plans as a result
of the meetings, Coastal Systems had to go back to seek the State's approval for the modifications.
The proposed additional scope and budget of work required from Coastal Systems includes the
supplementary work performed to date, the design and permitting ofthe street-ends, resolution of
the Administrative Hearing and administering the construction of the project, as follows:
Design of street-ends (17th & 18th Streets)
Public meetings plus additional meetings with
the State of Florida for permitting street-ends
Administrative hearing
Construction Admin related
Total:
$ 61,000
$ 43,000
$ 20,000
$ 26.000
$150,000
Funding for the additional scope of work needs to be appropriated from available Series 96B Tax
Increment Revenue Bond funds.
CONCLUSION
In order to insure the beachwalk project is completed within a reasonable time frame, and since
Coastal Systems has already developed conceptual plans addressing the street-ends, the
Administration recommends amending their contract to undertake construction drawings and
implementation of 17th and 18th Street-end improvements as proposed, to participate in the
Administrative Hearing as required, to complete the permitting process, and manage the
construction of the project. This project is of major importance to the hotels in the area.
SR:H~ob
Attachments
T:\AGENDA\JUL1S9S\RDA\COASTRD,MEM