Resolution 2024-33013RESOLUTION NO.� 2024-33013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
LUNACON ENGINEERING CORP., PURSUANT TO ITB -2022 -607 -ND, FOR
CONSTRUCTION SERVICES AT MAURICE GIBB PARK; SAID CHANGE
ORDER INCREASING THE PROJECT CONTINGENCY IN THE AMOUNT OF
$425,000 TO ADDRESS FUTURE UNFORESEEN SCOPE OF WORK,
SUBJECT TO APPROVAL OF THE SIXTH CAPITAL BUDGET AMENDMENT
TO THE FY2024 CAPITAL BUDGET.
WHEREAS, on August 18, 2017, a Professional Services Agreement for the renovation
of the Maurice Gibb Park was executed with Coastal Systems International, Inc. (Coastal),
pursuant to the Request for Qualifications (RFQ) No. 2016 -138 -KB for Architectural and
Engineering Design Services; and
WHEREAS, on October 30, 2018, and November 16, 2022, the City approved
amendments to the professional services contract with Coastal for additional services which
included, but are not limited to, remediation of soil contamination identified within the park; and
WHEREAS, with years of public input and'permitting, the resultant project scope of work
currently includes remediating the identified soil. contamination, and construction of an artistic,
custom designed children's playground, a dog park, a fishing platform, a living shoreline with an
overlook, shade structures and pavilions, the raising of the existing seawall, new lighting and
landscaping; and
WHEREAS, on November 16, 2022, the City approved the award of a contract for
construction in the amount of $10,335,380.00 (inclusive of a 10% contingency of $939,580) with
Lunacon Engineering Group, Corp. (Lunacon); and
WHEREAS, on April 17, 2023, upon receipt of all required permits, Maurice Gibb Park
was closed for construction; and
WHEREAS, during the progress of work, between June 23, 2023, and July 5, 2023,
Lunacon discovered large amounts of unforeseen abandoned concrete structures, foundations
and slabs, old catch basins and piping buried two (2) feet below grade, primarily along the South
end of the site. Areas with petroleum contamination, not previously identified, were also
discovered; and
WHEREAS, the debris removal and additional work for remediation of the contaminated
areas, were necessary for execution of the project scope of work; and
WHEREAS, Lunacon requested compensation for the additional work required for the
removal, hauling and disposal of the debris and contaminated fill, in the amount of $133,139 and
upon review and analysis by the Coastal and City staff, compensation for the additional work was
approved in September 2023, using funds from the Owner's Contingency; and
WHEREAS, during the progress of work between July 27, 2023, and September 1, 2023,
Lunacon discovered additional large expanses of asphalt paving and concrete slabs and found
evidence of multiple underground fuel storage tanks at the south and north portions of the site,
and though the site was known to have petroleum contamination from previous use as a gas
station, these tanks were never identified in geotechnical or environmental testing performed
during the development of the project; and
WHEREAS, Lunacon worked with Coastal and the City to notify Miami Dade County
Department of Environmental Resource Management (DERM) of the discovered tanks, apply for
tank removal permits, develop the required procedures for the removal of the tanks and their
appropriate disposal; and
WHEREAS, the debris and tanks had to be removed for the execution of the park project;
WHEREAS, Lunacon requested compensation for the additional work required for the
removal of the debris and six (6) underground fuel storage tanks, the required, hauling and
disposal, and the additional fill material required to fill the void once the tanks are removed, in the
amount of $330,345.06, and upon review and analysis by the Coastal and City staff,
compensation for the additional work was approved in November 2023, using funds from the
Owner's Contingency; and
WHEREAS, the unforeseen debris, the underground fuel storage tanks and additional
remediation work encompasses the majority of the site; and
WHEREAS, addressing the unforeseen debris, removal of the underground storage tanks
and the required permits has delayed the park project about three (3) months; and
WHEREAS, Lunacon is working to minimize the delays, but the project completion date
has shifted to March 3, 2025, from the initial date of December 8, 2024, and as of the end of
March 2024, the work is approximately fiftypercent (50%) completed; and
WHEREAS, Addressing the unforeseen additional scope of work has reduced the Owner's
contingency significantly; and
WHEREAS, there are also other scopes of work required for the completion of the project,
additional to the agreement with Lunacon, which are being reviewed, or have been approved,
further reducing the available contingency; and
WHEREAS, this additional work includes, to name a few, changes in the layout of the
seawall to save existing mature mangrove trees, escalation in the price of the specified light
fixtures, additional foundations required for the custom playground equipment, and removal of
several trees that are in bad condition and the required mitigation, at the cost of approximately
$454,000; and
WHEREAS,,the available Owner's Contingency balance is now $21,625.04; and
WHEREAS, use of contingency funds is always subject to multilevel review and approval
by the project's architectural and engineering consultants and the City's staff as to the
appropriateness of the request and use of the funds; and
WHEREAS, in review of the project, staff noticed that the project has expended more than
ninety-seven percent (97%) of the Owner's Contingency, whereas the project is only fifty percent
(50%) completed, and a majority of the contingency funds have been used to address conditions
below the surface of the site; and
WHEREAS, City staff hereby requests a change order to the contract with Lunacon
Engineering Group, Corp., to increase the project's Owner Contingency; and
WHEREAS, this will ensure that sufficient funding is available to address future
unforeseen, required changes in the project scope in a timely manner; and
WHEREAS, the. requested amount of $425,000, will increase the available project
contingency balance to $446,625.04, and will result in thirty-three percent (33%) Owner's
Contingency available for the remaining fifty percent (50%) of construction; and
WHEREAS, any unused contingency funds available at the end of the project, will be
returned to the City via a change order; and
WHEREAS, Change Order No. 1 will revise the total contract amount for Lunacon
Engineering Group, Corp to $10,760,380, which would include a revised total Owner's
Contingency of $1,364,580; and
WHEREAS, the Administration recommends that the City Commission approve this
Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA approving and authorizing the City
Manager and City Clerk to execute Change Order no. 1 to the Agreement between the City of
Miami Beach, Florida and Lunacon Engineering Corp., pursuant to ITB -2022 -607 -ND, for
Construction Services at Maurice Gibb Park; said change order increasing the project contingency
in the amount of $425,000 to address future unforeseen scope of work, subject to approval of the
sixth Capital Budget Amendment to the FY2024 Capital Budget.
PASSED and ADOPTED this /f day ofa , 202-
Steven
02
ATTEST:
7V QY 2 1 2024
Rafael E. Granado, City Clerk
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
42 -1 I�
City Attorney Date
5/9/24, 8:49 AM
Item Coversheet
19
MIAMIBEACH _
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: May 15, 2024
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE CHANGE ORDER NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA AND LUNACON ENGINEERING CORP., PURSUANT TO ITB -2022 -607 -ND,
FOR CONSTRUCTION SERVICES AT MAURICE GIBB PARK; SAID CHANGE ORDER WILL
INCREASE THE PROJECT CONTINGENCY IN THE AMOUNT OF $425,000 TO ADDRESS
FUTURE UNFORESEEN SCOPE OF WORK; SUBJECT TO APPROVAL OF THE SIXTH CAPITAL
BUDGET AMENDMENT TO THE FY2024 CAPITAL BUDGET.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the Resolution.
BACKGROUND/HISTORY
On August 18, 2017, a Professional Services Agreement for the renovation of the Maurice Gibb Park was executed with Coastal
Systems International, Inc. (Coastal), pursuant to the Request for Qualifications (RFQ) No. 2016 -138 -KB for Architectural and
Engineering Design Services. On October 30, 2018, and November 16, 2022, the City approved amendments to the professional
services contract with Coastal for additional services which included, but are not limited to, remediation of soil contamination
identified within the park. With years of public input and permitting, the resultant project scope of work currently includes
remediating the identified soil contamination, and construction of an artistic, custom designed children's playground, a dog park, a
fishing platform, a living shoreline with an overlook, shade structures and pavilions, the raising of the existing seawall, new lighting
and landscaping.
On November 16, 2022, the City approved the award of a contract for construction in the amount of $10,335,380.00 (inclusive of a
10% contingency of $939,580) with Lunacon Engineering Group, Corp. (Lunacon).
ANALYSIS
On April 17, 2023, upon receipt of all required permits, Maurice Gibb Park was closed for construction. During the progress of work,
between June 23, 2023, and July 5, 2023, Lunacon discovered large amounts of unforeseen abandoned concrete structures,
foundations and slabs, old catch basins arfd piping buried two (2) feet below grade, primarily along the South end of the site. Areas
with petroleum contamination, not previously identified, were also discovered. The debris removal and additional work for
remediation of the contaminated areas, were necessary for execution of the project scope of work. Lunacon requested
compensation for the additional work required for the removal, hauling and disposal of the debris and contaminated fill, in the
amount of $133,139. Upon review and analysis by the Coastal and City staff, compensation for the additional work was approved
in September 2023, using funds from the Owner's Contingency.
During the progress of work between July 27, 2023, and September 1, 2023, Lunacon discovered additional large expanses of
asphalt paving and concrete slabs and found evidence of multiple underground fuel storage tanks at the south and north portions
of the site. Though the site was known to have petroleum contamination from previous use as a gas station, these tanks were
never identified in geotechnical or environmental testing performed during the development of the project. Lunacon worked with
Coastal and the City to notify Miami Dade County Department of Environmental Resource Management (DERM) of the discovered
tanks, apply for tank removal permits, develop the required procedures for the removal of the tanks and their appropriate disposal.
The debris and tanks had to be removed for the execution of the park project. Lunacon requested compensation for the additional
work required for the removal of the debris and six (6) underground fuel storage tanks, the required hauling and disposal, and the
additional fill material ,required to fill the void once the tanks are removed, in the amount of $330,345.06. Upon review and analysis
by the Coastal and City staff, compensation for the additional work was approved in November 2023, using funds from the Owner's
Contingency.
The unforeseen debris, the underground fuel storage tanks and additional remediation work encompasses the majority of the site.
Attached is a site plan and photos of the underground storage tanks and debris discovered during construction (Exhibit A).
Addressing the unforeseen debris, removal of the undergrouorage tanks and the .required permits has delayed the park
project about three (3) months. Lunacon is working to minimiz elays, but the project completion date has shifted to March 3,
https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemlD=35088 1/3
5/9/24, 8:49 AM
Item Coversheet
2025, from the initial date of December 8, 2024. As of the end of March 2024, the work is approximately fifty percent (50%)
completed.
Addressing the unforeseen additional scope of work has reduced the Owner's contingency significantly. There are also other
scopes of work required for the completion of the project, additional to the agreement with Lunacon, which are being reviewed, or
have been approved, further reducing the available contingency. This additional work includes, to name a few, changes in the
layout of the seawall to save existing mature mangrove trees, escalation in the price of the specified light fixtures, additional
foundations required for the custom playground equipment, and removal of several trees that are in bad condition and the required
mitigation, at the cost of approximately $454,000. The available Owner's Contingency balance is now $21,625.04.
Use of contingency funds is always subject to multilevel review and approval by the project's architectural and engineering
consultants and the City's staff as to the appropriateness of the request and use of the funds. In review of the project, staff noticed
that the project has expended more than ninety-seven percent (97%) of the Owner's Contingency, whereas the project is only fifty
percent (50%) completed. A majority of the contingency funds have been used to address conditions below the surface of the site.
City staff hereby requests a change order to the contract with Lunacon Engineering Group, Corp., to increase the project's Owner
Contingency. This will ensure that sufficient funding is available to address future unforeseen, required changes in the project
scope in a timely manner. The requested amount of $425,000, will increase the available project contingency balance to
$446,625.04. This will result in thirty-three percent (33%) Owner's Contingency available for the remaining fifty percent (50%) of
construction.
Any unused contingency funds available at the end of the project, will be returned to the City via a change order.
Change Order No. 1, in the amount of $425,000, will revise the total contract amount for Lunacon Engineering Group, Corp to
$10,760,380, which would include a revised total Owner's Contingency of $1,364,580.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information
has been provided by the Administration as it relates to the subject resolution:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in
lobbying? No
2. If so, specify name of lobbyist(s) and principal(s): N/A
SUPPORTING SURVEY DATA
Results from the 2022 Community Satisfaction Survey show that 29% of residents rated park improvements as most important.
FINANCIAL INFORMATION
Not applicable.
Amount(s)/Account(s):
SUBJECT TO THE 6TH CAPITAL BUDGET AMENDMENT.
$425,000 TOTAL
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution.
Applicable Area
Middle Beach
Is this a "Residents Right to
Know" item, -Pursuant to
Ci Code Section 2-14?
Yes
Strategic Connection
Non -Applicable
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
Does this item utilize G.Q.
Bond Funds?
Yes
D Exhibit A — Site Plan and photos of unforeseen tanks, additional remediation, and unforeseen debris
D OMB Available Balance
https:/Imiamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ltem[D=35088 213
SITE PLAN DEPICTING LOCATION OF UNFORESEEN TANKS, ADDITIONAL REMEDIATION AND
UNFORESEEN DEBRIS
ES..
EMRAN,X m 1
• W/COMROL BVNartCkR � \
CI j
TURE01Y C RNW
�
Mtn
U
`Y/4LT BOU101R7
EXHIBIT A
�IQ_�s��� ;, • tel+ ��
KEY MAP
rH DALE: r -toad
1. THE ENTRANCE SHALL BE YNMARIED IN A COMMON
THAT MIL PREVENT TRACKING OF FLO" OF SEDIMENT
ONTO PUBLIC RGIDS-OF-WAY THIS MAY RECURS TOP
DRESSING, REPAIR AND/OR CLEANOUT OF ANY MEASURES
IAEA TO TRAP SEDRQNT.
2 WHEN NECFSSART. WHEELS Stall BE CLEANED PRIOR
TO ENTRANCE OMD PUBLIC RIGHT-OF-WAY.
3. WHEN WASHING f5 REOINRED, R SHALL BE DOW ON AN
AREA SABUZED MIH MM STONE
TINT BUM INTO
AN APPROJEO SEpISNT TRAP OR SEGMENT BASW.
I. REFER TO SDR MANAGDL7R PLAN FOR UM MN OF
CONTNDIATION AND CUL REUM ION.
5. TREE PROTECTION 90" ADM TO THE CITY Of
MMPI TEACH TREE PROTECTION PLAN, SEE U-001 FOR
DETAIL
6. CONTRACTOR TO CONFBM LOCATION OF WfbiMILIgN
ENTPANCL MIN PAR16 AND RECREATION, AM MR"
DEPARTMENT.
7. SILT MICE IS REQUIRED MONO SHORELINE NEN WHEN
TURBBIY CURTAIN IS IN PUCE.
cq]II 10 AM'pGVlnpb ® ® STORMWATER POLLUTION PREVENTION PLAN
A.LLtY LA'/4Cf aHe wra ran BOLE: I•. tD'-0' SCALE: I•.30
PfJTAYR Q O)Y MAIalS MOR1H
305-673-7080
I'E ST RA I WEF
® R„ �.� Tom UNDER EKED BELOW GRADE, THAT SHALLBE REMOVED `
UNDER RCD 6
1. RlieIOIIT GRG71 UlSf BE UBCIIO ►91N
WHERE CON i H SLABS CONTRACTORS COIRANi NW ANI PHONE oA Ode]A V a¢iDm
V.LI IB ROARS [UDRC dGGiRc r. RE DISCOVEREDTHAT SHALL BE REMOVED UNDER RCDS. NUMBER W A• LETTER IMMU PER THE CITY'S C._-_.____ COMEAL 4OT86 NI9YMO?K MC ;'�./`•y"'` o
GILL SYIt FAUf SEDMENT AND EROSION CONTROL NOTES COAA14 oMewNd and d EM'- 4 ? i Ns cele
1— 800— 432-4770 w
A
1 % SLA&S AND FOUNDATION, AND ASPHALT PANNG d m ob A I Slq[ V J
MIENrm.N euN oN nu er rtm•. K ;; DISCOVERED MORE THAN 7fi BELOW GRADE. THAT
ALL SCMLS M ICAM) PERTAIN TO SHALL BE REMOVED UNDER RCD 8 . }' ` •^•-
RAL SUE BNNWCS ]L•AN• W�ie m: NB .. ...••„
INT RM II SYSTQMS OeOR
I ORIGINALLY IN CONTRACT •+•—.::..� eR�"`,e„9q"'
ti Rsele
NT / i ! i BEACH MAURICE GIBB MEMORIAL PARK sII .r0--NI-artivooP _ Aua. NIOaWa
O Olw
SW
W,�
PPP -2
OFFICE OFCATALIeLFWOMNFNOJlCTe plv7!007PIJRDY
AVENUE MIAMI BEACH, FL 33139-1424
EXHIBIT A
Area D: Fuel encountered signaled possibility of a underground fuel tank.
354
EXHIBIT A
Area D: Concrete slab removed in search of source of fuel encountered.
355
EXHIBIT A
Area D: Concrete slab removed in search of source of fuel encountered.
357
Area D: Underground fuel tank exposed.
358
Ir,
Aug 8, 2023 at 10:04:17 AM
1700 Purd*"'"'*
Miami Beach FL 33139
United States.
..IMa-udc, Gibb Memorial Park
1w 4
low
AI
'21
1277
EXHIBIT A
Area D: Unforeseen, underground fuel storage tank removed for the execution of work. Fuel encountered
within the ground water was removed.
360
EXHIBIT A
Area D: Unforeseen, underground fuel storage tank removed for the execution of work.
361
'-�- v ' flip• ' r- r., r p
• ^Yf
�wrw
a
t
�� �� k ;��w,.c. , ,�' -tom"' a• � - - '-g�
¢� ��' j � 'tip �r -�a ;�bt�. -C. '-I ,Y -'_`�Y, • v } '/Fj r�-'-Ll_`�.+'�'� ?
304 .moi+- -''' �s-•'f �' n ys.,- ' 3`r',: +y� . `�i��"r�J�eKi�i '�: `
�.,e���.-�•.a�`K•- cis
5'p � - .+�"'r {i. „-�' a� � y,�X "�•�,•7�� �i V-'�r�7••o`•�.! ,.-1+Yr.'v. ��
,.:y-
-C
' ''�y� r1 J ' •'y � rf' �� � �^��.. � d - �,c' ram:
EXHIBIT
- d-1
Area D: Cleanup of fuel encountered within the ground water underway.
363
EVIDENCE OF FUEL
STORAGE TANK
Area E: Concrete slab and footings removed. Fuel encountered signaled possibility of an
underground fuel tank.
364
IS
EXHIBIT A
Area E: Concrete slab and footings removed. Fuel encountered signaled possibility of an
underground fuel tank.
365
P10111111
IWIN11:11r�
Area E: Concrete slab and footings removed. Fuel encountered signaled possibility of an
underground fuel tank.
.:
Purdy • ����
each FL 331
.��United States;
EXHIBIT A
Area F: Hydraulic fuel discovered, adjacent to estimated 20' diameter tank.,
370
Aug 16, 2,023 at 9,5-:27 AM
1 700 'Purdy Ave
each FL�331'39
Up. fted-Sf
'Maurice-Gib-b,: er �of
r-
_=. -�. r '�'-_l - ..� - fir•
4'��-•� `� A.���t �l �.- ! 1. �-+� 'y ' a
EDGE OF
JYDRAULIC TO,
94.
�, • w 5 + " 1�,- • ,� • ,tet+, •,� ` i' k k i , J � �^
•i0I - Y i'� j '. � a '4 Y '��• � .G�
b {ori- A - ^Y'k�y SMI f 4.I -E •mak• t y`�`,r T r
O11- -A,�
Fir, -
11 -ILL-'
Pill
Nw
'VI
gg
le.
EXHIBIT A
Area F: Unforeseen, large chunks of concrete discovered underground removed for execution of work.
373