20111019 Suppl 1 OCRMIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 19,201 1
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tobin
Commissioner Jorge R. Exposito
Commissioner Michael Gdngora
Commissioner Jerry Libbin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us af www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
SUPPLEMENTAL MATERIAL I
C7 - Resolutions
A Resolution Accepting The Recommendation Of The City Manager, Pursuant to Request For
Qualifications (RFQ) No. 30-1 011 1, For A Constructability, Cost, And Value Engineering
Services; Authorizing The Administration To Enter Into Negotiations With The Four Top-Ranked
Firms, Atkins North America, Inc. (Formerly PBS&J), Construction Management Services, Inc.,
Craven Thompson &Associates, Inc., And U.S. Cost, Inc.; And Further Authorizing The Mayor
And City Clerk To Execute Agreements Upon Successful Completion Of Negotiations By The
Administration.
(Capital lmprovement Projects/Procurement)
(Resolution)
C7F A Resolution Rejecting All Bids Received Pursuant To Invitation To Bid (ITB) No. 39-1011 1,
Right-of-way Infrastructure lmprovement Program - Venetian Islands Bid Package 13C, And
Authorizing The Administration To Issue A New Bid For Said Project.
(Capital lmprovement ProjectsIProcurement)
(Memorandum)
Supplemental Material 1, October 19, 201 1
C7 - Resolutions (Continued)
C7J A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Concession
Agreement Between The City And The Hertz Corporation, As The Successful Proposer Pursuant To
Request For Proposals No. 42-07/08, For The Implementation, Management, And Operation Of A
Shared Car Service Program; Said Agreement Having An Initial Term Of Five (5) Years, With A Five
(5) Year Renewal Term, To Be Exercised At The City's Sole Option And Discretion.
(Parking Department)
(Resolution)
R7 - Resolutions
R7F A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 41-1011 1, For A Construction Manager At Risk Firm To Provide Pre-
Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (GMP)
Amendment For The Par 3 Golf Course Project; Authorizing The Administration To Enter Into
Negotiations With The Top-Ranked Firm Of QGS Development, Inc.; And Should The Administration ,
Not Be Able To Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration
To Negotiate With The Second-Ranked Firm Of The Weitz Company; And Should The Administration
Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The
Administration To Negotiate An Agreement With The Third-Ranked Firm, Ryangolf Corporation.
Provided Further, That The Action@) Set Forth In This Resolution Shall Be Subject To And
Conditioned Upon Approval Of A Proposed Settlement Agreement By The City And The Bayshore
Homeowners Association, Inc, To That Certain Litigation Entitled, Bayshore Homeowners
Association, Inc. Vs. City Of Miami Beach, Case No. 07-42998 CA 30.
(Capital Improvement Projects/Procurement)
(Memorandum)
R9 - New Business and Commission Requests
R9G Discussion Regarding A Resolution Approving The Settlement Agreement Between The Bayshore
Homeowners Association, Inc., And The City Of Miami Beach, And Authorizing The Mayor And City
Clerk To Execute A Settlement Agreement, And Authorizing The City Manager And City Attorney To
Take Such Actions As May Be Necessary To Carry Out The Intent Hereof..
(City Attorney's Office)
(Memorandum & Resolution)
Supplemental Material 1, October 19, 201 1
R10 - Citv Attornev Reports
Rl OB Attorney-Client Session
Pursuant To 9286.01 1, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
Bavshore Homeowners Association, Inc. V. Citv Of Miami Beach, Eleventh Judicial Circuit Court In
And For Miami-Dade County, Florida Case No. 07-42998 Ca 30
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The
City Commission Meeting On October 19, 201 1, In The City Manager's Large Conference Room,
Fourth Floor, City Hall, To Discuss Settlement Negotiations And/or Strategy Related To Litigation
Expenditures With Regard To The Above-Referenced Litigation Matter.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City
Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn And
Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney
Gary Held, And First Assistant City Attorney Debora Turner.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFQ) NO. 30-10/11, FOR A CONSTRUCTABILITY, COST,
AND VALUE ENGINEERING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE FOUR TOP-RANKED FIRMS, ATKINS NORTH AMERICA, INC.
(FORMERLY PBS&J), CONSTRUCTION MANAGEMENT SERVICES, INC., CRAVEN THOMPSON
& ASSOCIATES, INC., AND U.S. COST, INC.; AND FURTHER AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE AGREEMENTS UPON SUCCESSFUL COMPLETION OF
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on July 1, 201 1, the City issued Request for Qualifications No. 30-1 011 1
for constructability, cost, and value engineering review services (the RFQ) with an opening
date of August 3,201 I; and
WHEREAS, a pre-qualification meeting to provide information to prospective
proposers was held on July 14,201 1; and
WHEREAS, Bidsync sent notices to 5,364 prospective proposers resulting in the /.
receipt of twelve (12) proposals by Atkins North America, Inc. (formerly PBS&J), Azulejo,
Inc., CMS - Construction Management Services, Inc., Craven Thompson & Associates, Inc.,
EAC Consulting, Inc., Grycon, LLC, The Melvin Group, LLC, Pillar Consultants, Inc., Bart
Reines Construction, Inc., Ric-Man Construction Florida, Inc., U.S. Cost, Inc., and Willis
Construction Consulting, Inc.; and
WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 251-2011,
appointed the following individuals as Evaluation Committee (the "Committee") members:
* Max Berney - Resident and Leadership Academy Graduate
Alfred DeSimone - Resident and Leadership Academy Graduate
Elizabeth Estevez - Engineering Assistant I, Public Works Department
Jeanette Fernandez-Arencibia - Capital Projects Coordinator, CIP Office
Jose Perez - Capital Projects Coordinator, CIP Office
with Herman Fung, CIP Construction Manager, as a Committee alternate; and
WHEREAS, the Committee convened on October 10, 201 1, to evaluate, score, and
rank the proposals based on the evaluation criteria stated in the RFQ; and
WHEREAS, the Committee agreed to recommend a pool of vendors with ample right-
of-way construction experience and the ability to evaluate actual market prices, identify
potential increases or decreases in costs in order to make recommendations to the City
regarding changes to project specifications to minimize potential change orders andlor
recommend alternate products to reduce cost; and
WHEREAS, based on the scores and rankings of the Committee members, the
Committee recommended that the top four firms of Atkins North America, Inc. (formerly
PBS&J), Construction Management Services, Inc., Craven Thompson & Associates, Inc.,
and U.S. Cost, Inc be considered for award; and
Agenda Item C7 C
Date /O -1 ?-/I
WHEREAS, after considering the review and recommendation of the Committee, the City
Manager has exercised his due diligence and carefully considered the specifics of this RFQ
process; and
WHEREAS, the City Manager recommends to the Mayor and City Commission to
adopt the attached resolution authorizing the Administration to enter into negotiations with
the four top-ranked firms, Atkins North America, Inc. (formerly PBS&J), Construction
Management Services, Inc., Craven Thompson & Associates, Inc., and U.S. Cost, Inc.; and
authorizing the Mayor and City Clerk to execute agreements upon successful completion of
negotiations by the Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Qualifications (RFQ) No. 30-1 011 1, for Constructability, Cost, and Value Engineering
Services; and authorizing the Administration to enter into negotiations with the four top-
ranked firms, Atkins North America, Inc. (formerly PBS&J), Construction Management
Services, Inc., Craven Thompson &Associates, Inc., and U.S. Cost, Inc.; and authorizing the
Mayor and City Clerk to execute agreements upon successful completion of negotiations by
the Administration.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2011\10-19-1 I\RFQ 30-10-1 1 - Constructability Cost and VE Services - RESO.doc
APPROVED AS TO
FORM & LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, rejecting all bids received
pursuant to Invitation to Bid (ITB) No. 39-1011 1, Right-of-way Infrastructure lmprovement Program -Venetian Islands
Bid Package 13C, and authorizing the administration to issue a new bid for said project.
Key Intended Outcome Supported: I Ensure value and the timely delivery of a quality capital project. 1
Supporting Data (Surveys, Environmental Scan, etc.): I The 2007 Community Satisfaction Survey noted that 89% of residents rated capital projects as "excellent" or "good." I
Issue: I Shall the City Commission adopt the resolution? I
Item SummarylRecommendation:
Currently the total project costs exceed the available funding for the neighborhood as of the adopted FY 201 112012 -
2016 Capital Improvement Plan.
Staff has retained the services of an independent constructability consultant (Pinnacle Engineering & Development,
Inc.) to further identify value engineering options as well as determining a projected bid price for this project. The
Consultant's (Schwebke) probable cost estimate for the project was $7,493,687. Pinnacle's probable cost estimate
was $8,079,517. The Consultant's probable cost estimate was 13% less than the Ric-Man Construction base bid price
of $8,605,080 compared to Pinnacle's estimate which was 6% less than the Ric-Man Construction base bid price.
The CIP Office has conducted thorough research to identify potential value engineering opportunities to reduce the
cost of this project. Value Engineering analysis and techniques identify and evaluate design changes that could result
in increased functional value in the completed project while reducing construction andlor operating and maintenance
costs without affecting the required level of service. Value engineering opportunities have been identified after
thorough research by the design and constructability team. Staff is confident that these value engineering opportunities
will mitigate the shortfall between the budget and low bid price. However, administration feels that the potential
savings from these value engineering modifications could be better realized prior to award of the contract, thus
minimizing the need to resolve value engineering modifications through the change order process.
Furthermore, due to the current construction delays with the Metro-Dade County, Venetian Causeway Right-of-way
Project, award of the Venetian Islands Right-of-way Project is not recommended at this time. After consulting with
Metro-Dade County staff, completion of the Causeway project is anticipated by May, 2012.
As a result, the City Administration recommends against award of the contract and furthermore recommends that CIP
pursue all value engineering opportunities in an attempt to re-advertise for bid in March of 2012.
I I
Advisory Board Recommendation:
I
Financial Information:
Source of Amount Account
Funds: $1,677,538 Proposed Future Stormwater Bonds (Not available to appropriate
1 until the bonds are sold)
OBPl 2 $188,384 Stormwater Bonds Phase 1 - 428-2127
3 $549,962 Water & Sewer GBL Series - 420-2127
4 $1,082,820 Water & Sewer Gulf Breeze Series 2006 - 423-2127
:'i $519,644 Water & Sewer Bonds 2000 Series - 424-2127
$1,610,921 99 G.O. Bonds Neighborhoods (B) - 376-2127
$1,321,845 2003 G.O. Bonds Neighborhoods - 384-21 27
8 $193,097 Stormwater Bonds Phase I - 428-2127 (Contingency)
9 $1 11,000 Water & Sewer GBL Series - 420-2127 (Contingency)
$210.884 Water & Sewer Gulf Breeze Series 2006 - 423-2127
AM1 BEACH
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and ity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REJECTING ALL BIDS RECEIVED PURSUANT TO INVITATION
TO BID (ITB) NO. 39-1 011 1, RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT
PROGRAM - VENETIAN ISLANDS BID PACKAGE 13C, AND AUTHORIZING THE
ADMINISTRATION TO ISSUE A NEW BID FOR SAID PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME
Ensure value and the timely delivery of a quality capital project.
FUNDING
Construction funding in the amount of $6,951,114 is available in the Capital Budget as well as
$855,169 for construction contingency.
SCOPE OF WORK
The work specified in this bid consists of the construction of the infrastructure and site works for
Venetian Islands Right-of-way Improvements Projects (Rivo Alto, DiLido and San Marino
Islands). The work will include but not be limited to demolition, tree removal and relocation, site
preparation, earthwork, roadway re-construction and resurfacing, asphalt pavement installation,
valley gutter installation, sidewalk restoration, signage, pavement marking, water main
improvements, storm water improvements, lighting improvements, vegetation and planting within
the Venetian Islands Neighborhoods.
INVITATION TO BID
Invitation to Bid (ITB) No. 39-1011 1 was issued on July 12, 201 1, with an opening date of August
18, 201 1. The pre-bid conference was held on July 19, 201 1. During the pre-bid conference,
prospective bidders were instructed on the procurement process and the information their
respective proposals should contain. Bidsync issued bid notices which resulted in the receipt of
the following seven (7) bids:
Bidsync issued bid notices to 3,278 prospective bidders with 49 having viewed the notice of
which resulted in the receipt of the following seven (7) bids:
Commission Memorandum - ITB-39- 10/11- Venetian Islands ROW Improvements
October 19, 201 1
Page 2 of 4
= Lanzo Construction Co. of Florida
Ric-Man Construction, Inc.
GlobeTec Construction
Southeastern Engineering Contractors, Inc.
Ric-Man International, Inc.
Ocean Bay Construction, Inc.
Man Con, Inc.
Through the Procurement Division's review of each bid for responsiveness, there were two (2)
bidders disqualified or deemed nonresponsive to the ITB. These bidders were disqualified for
failing to respond to the City's request for additional information within the deadline provided.
Ric-Man International, Inc. failed to meet the 75% self-performance minimum requirement.
Ocean Bay Construction, Inc. failed to meet the minimum construction experience. Ric-Man
International, Inc. and Ocean Bay Construction, Inc. were the fifth and sixth lowest bidders at
$9,777,273.80 and $10,508,264.10 respectively.
The following table provides the total base bid prices of the five (5) responsive bids:
I Ric-Man Construction, Inc. $8,605,080.06 1
I
Lanzo Construction Co. of Florida
GlobeTec Construction
It is common practice for the City to initially consider a prospective bidder's sum of the total base
bid price and alternates; however, as noted in the unit price breakdown form, acceptance of any
alternates is contingent upon the City's discretion and funding availability. Even though Lanzo
Construction Co. of Florida provided the lowest base bid price including all alternates, Ric-Man
Construction, Inc. submitted the lowest base bid price without alternates.
$8,646,940.00
$8,773,262.50
Southeastern Engineering Contractors, Inc.
Man Con, Inc.
On September 29, 2011, a Technical Review Panel (TRP) convened to interview each of the
three (3) prospective bidders for the aforementioned project (Man Con, Inc. and Southeastern
Engineering Contractors, Inc. declined the City's request to interview). The TRP consisted of the
following individuals:
$9,241,437.95
$1 1,359,227.96
Aaron Sinnes, District Construction Manager - South Beach Neighborhoods, CIP Office
Jose Perez, Capital Projects Coordinator, CIP Office
o Janette Arencibia Fernandez, Capital Projects Coordinator, CIP Office
Jose Rivas, Civil Engineer Ill, Public Works Department
Josiel Ferrer, Civil Engineer I, Public Works Department
In addition to the TRP members, Eleanor Carney, resident of the Venetian Islands was in
attendance as a non-voting participant to provide her expertise and knowledge of the project
both as a professional engineer and resident. The purpose of the meeting was for the TRP to
evaluate the responsive bidders based on the following criteria:
Commission Memorandum - ITB-39-10/11- Venetian Islands ROW Improvements
October 19, 201 1
Page 3 of 4
50 Points - Base Bid Price
20 Points - Presentation and interview of key personnel
10 Points - Risk Assessment PlanNalue Added Submittals
10 Points - Past Performance Evaluation Surveys
10 Points - Qualifications of Bidder
Upon completion of the interviews, the TRP discussed their individual perceptions of each
prospective bidder's qualifications, experience, and competence to score and rank the firms
accordingly. Ric-Man Construction received all five first-place votes for contract award as
indicated below:
Lanzo Construction 86 (2) 86 (2) 92 (2) 89 (2) 51 (3) 404 11
Globetec Construction 83 (3) 75 (3) 84 (3) 79 (3) 52 (2) 373 14
ANALYSIS
As indicated above, the current funding for this project is $6,951 ,I 14 plus $855,169 for
construction contingency, for a total budgeted amount of $7,806,283. Currently, the total base
bid amounts submitted by all bidders exceeds the current available funding as reflected in the
adopted Capital Budget for FY 201 01201 1.
Staff has also retained the services of an independent constructability consultant (Pinnacle
Engineering & Development, Inc.) to further identify value engineering options as well as
determining a projected bid price for this project. The Consultant's (Schwebke) probable cost
estimate for the project was $7,493,687. Pinnacle's probable cost estimate was $8,079,517.
The Consultant's probable cost estimate was 13% less than the Ric-Man Construction base bid
price of $8,605,080 compared to Pinnacle's estimate which was 6% less than the Ric-Man
Construction base bid price.
The CIP Office has conducted thorough research to identify potential value engineering
opportunities. Value Engineering analysis and techniques identify and evaluate design changes
that could result in increased functional value in the completed project while reducing
construction andlor operating and maintenance costs without affecting the required level of
service. Value engineering opportunities have been identified after thorough research by the
design and constructability team. Staff is confident that these value engineering opportunities will
mitigate the shortfall between the budget and low bid price. However, administration feels that
the potential savings from these value engineering modifications could be better realized prior to
award of the contract, thus minimizing the need to resolve value engineering modifications
through the change order process.
In the event that design document modifications are required in order to realize potential value
engineering savings, a proposed schedule is as follows:
1. Amendment of Consultant's contract: 30 days
2. Modifications to documents: 30 days
3. Agency review of revised documents: 15 days
4. Invitation to bid process: 60 days
Commission' Memorandum - ITB-39-10/11- Venetian Islands ROVVlmprovements
October 19, 201 1
Page 4 of 4
Furthermore, an additional factor that concerns staff in regards to awarding the contract at this
time, are the on-going delays with the construction phase of Miami-Dade County's Venetian
Causeway Right-of-way Project. After consult with Miami-Dade County staff, completion of the
Causeway project is anticipated by the second quarter, 2012. Commencing construction with the
CIP Right-of-way Project, concurrent with the County's Right-of-way Project, would inevitably
create logistical impacts that would further impact the residents of the Venetian Islands.
As a result, the City Administration recommends against award of the contract and furthermore
recommends that CIP pursue all value engineering opportunities in an attempt to re-advertise for
bid in March of 2012.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised his
due diligence and carefully considered the specifics of this IT6 process. As a result of the
budget shortfall as well as the County's delays on the causeway project, the City Manager
recommends to the Mayor and City Commission to reject all bids received, pursue all value
engineering opportunities and reissue the IT6 upon revisions of the project's plans and
specifications.
CONCLUSION
The Administration recommends that the Mayor and City Commission reject all bids received
pursuant to Invitation to Bid (ITB) No. 39-10/11, Right-of-way Infrastructure Improvement
Program - Venetian Islands Bid Package 13C; and authorize the Administration to issue a new
bid for said project.
T:\AGENDA\201 l\October I 9\Regular\lTB 39-1 0-1 1 - Venetian Islands ROW - MEMO.docx
RESOLUTIONS TO BE SUBMITTED
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING AND
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE A CONCESSION
AGREEMENT BETWEEN THE ClTY AND THE HERTZ CORPORATION, AS THE
SUCCESSFUL PROPOSER PURSUANT TO REQUEST FOR PROPOSALS NO. 42-07/08,
FOR THE IMPLEMENTATION, MANAGEMENT, AND OPERATION OF A SHARED CAR
SERVICE PROGRAM; SAID AGREEMENT HAVING AN INITIAL TERM OF FlVE (5)
YEARS, WITH A FlVE (5) YEAR RENEWAL TERM, TO BE EXERCISED AT THE CITY'S
SOLE OPTION AND DISCRETION.
WHEREAS, car-sharing programs are revolutionizing the way residents and tourists
commute within cities, and a shared car service with public access has been determined by
the City to be a desirable and valuable mode of alternative public transportation for the
community; and
WHEREAS, a shared car service will alleviate parking demand; vehicular traffic
congestion; reduce vehicle emissions*and reliance on fossil fuels; and serving as a vital and
integral part of the community; and
WHEREAS, on September 10, 2008, the Mayor and City Commission authorized
the issuance of Request for Proposals No. 42-07/08 to solicit proposals for the
implementation, management and operation of a shared car service available to the public
(the RFP); and
WHEREAS, at its December 10, 2008, meeting, the Mayor and City Commission
adopted Resolution No. 2008-26957, which accepted the recommendation of the City
Manager, pursuant to the RFP; and authorized the Administration to enter into negotiations
with The Hertz Corporation (Concessionaire), as the top-ranked responsive proposer; and
WHEREAS, accordingly, the City and Concessionaire have negotiated the
attached Agreement for the implementation, management and operation of an exclusive
shared car service program for the City.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve and authorize the Mayor and City Clerk to execute
a Concession Agreement between the City and The Hertz Corporation, as the
successful proposer pursuant to Request for Proposals No. 42-07/08, for the
implementation, management, and operation of a shared car service program; said
Agreement having an initial term of five (5) years, with a five (5) year renewal term,
to be exercised at the City's sole option and discretion.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
Robert Parcher
ClTY CLERK
Matti Herrera Bower APPROVED AS TO
MAYOR FORM & LANGUAGE
8 FOR EXECUT1ON
T:WGENDA\201 I\Octoberl S\Consent\RFP 42-07-08 Car Sharing Concession Agre
hgenda Item C7 J-
laate 10-19-11
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking Of Firms
For A Construction Manager At Risk For The Par 3 Golf Course Project, And Authorizing The
Administration To Enter Into Negotiations; subject further to approval of the proposed Settlement
Agreement on the Par 3 litigation by the City and the Bayshore Homeowners Association, Inc.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey
indicated that 79% of businesses rated recently completed capital improvement projects as "excellent"
Issue: I Shall the City Commission Adopt the Resolution? I L I
Item SummarylRecommendation:
On July 13, 201 1, the City Commission approved the issuance of an RFQ for a Construction Manager at
Risk Firm to Provide Pre-Construction Services and Construction Phase Services Via a Guaranteed
Maximum Price (GMP) Amendment for the Par 3 Golf Course Project.
The Scope of the work is to provide all materials, labor, equipment, supervision, mobilization, overhead &
profit required to redevelop the City's nine hole Par 3 golf course, as well as parking and recreational
facilities as specified in the project scope. The Par 3 is bounded by Prairie Avenue on the west, W. 28th
Street on the north, Pine Tree Drive on the east, and Miami Beach Senior High School, the Public Works
Yard and the Hebrew Academy on the south.
In order to implement the recommendations as expressed by the HOA, Bayshore residents and the
Commission, to promote the preservation of green space; the originally proposed 34 spaces as presented at
the commission meeting of June 1, 201 1 have been reduced to 9 spaces. The City's Planning Department
has determined that the parking can be reduced to 9 spaces and still meet the level of parking requirements
for the Par 3 Golf Course and its related facilities. The 9 parking spaces are located east of the splash pad
and the tot lot area indicated as Area A. (See attached Exhibit "A")
At the Design Review Board meeting held on September 6, 2010, the Hebrew Academy presented the
proposed plans for a New Gymnasium building and approximately 23 parking spaces to be located in "Area
B" (east of the current play courts).
RFQ No. 41-10/11 was issued on July 19, 201 1, and the Procurement Division uploaded the document to
BidSync and Bidnet, as well as e-mailed the RFQ, sending it to over 75 firms. This outreach resulted in the
receipt of proposals from the following five (5) firms: KemperSports & Duininck; Landscapes Unlimited, LLC;
QGS Development, Inc.; RyanGolf Corporation; and The Weitz Company.
An Evaluation Committee appointed by the City Manager reviewed, listened to presentations, participated in
Q&A with the Proposers, scored and ranked the proposals. Based on the published evaluation criteria, the
Committee unanimously ranked QGS Development, Inc. as the top-ranked firm, and further ranked The
Weitz Company as the second-ranked firm, and RyanGolf Corporation as the third-ranked firm.
It is recommended that the Mayor and City Commission adopt the resolution, subject to the approval of
the proposed Settlement Agreement on the Par 3 litigation by the City and the Bayshore Homeowners
Association, Inc.
Advisory Board Recommendation: I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR @ ND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-
10111, FOR A CONSTRUCTION MANAGER AT RISK FlRM TO PROVIDE PRE-
CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A
GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE PAR 3 GOLF
COURSE PROJECT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WlTH THE TOP-RANKED FlRM OF QGS DEVELOPMENT,INC.;
AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN
AGREEMENT WlTH THE TOP-RANKED FIRM, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-RANKED FlRM OF THE
WElTZ COMPANY; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO
NEGOTIATE AN AGREEMENT WlTH THE SECOND-RANKED FIRM,
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WlTH
THE THIRD-RANKED FIRM, RYANGOLF CORPORATION. PROVIDED FURTHER,
THAT THE ACTION(S) SET FORTH IN THIS RESOLUTION SHALL BE SUBJECT
TO AND CONDITIONED UPON APPROVAL OF A PROPOSED SETTLEMENT
AGREEMENT BY THE ClTY AND THE BAYSHORE HOMEOWNERS
ASSOCIATION, INC, TO THAT CERTAIN LITIGATION ENTITLED, BAYSHORE
HOMEOWNERS ASSOCIATION, INC. VS. ClTY OF MIAMI BEACH, CASE NO. 07-
42998 CA 30.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt this Resolution only if the City
Commission approves a settlement agreement with the Bayshore Homeowners Association
concerning the Par 3, which has also been placed on this agenda.
FUNDING
No funds are being expended.
KEY INTENDED OUTCOME
Ensure well-maintained infrastructure
BACKGROUND AND ANALYSIS
On June 1, 201 1, the Mayor and City Commission adopted Resolution No. 201 1-27677 formally
approving the Par-3 project Master Plan in concept as per the scope that had been delineated,
with a recommendation by the City Commission that the concept plan be submitted to the
Finance and Citywide Projects Committee for approval prior to finalizing construction plans for
the project.
Commission Memorandum - RFQ 41-10/1 I CMR for the Par 3 Golf Course Project
October 19, 201 1
Page 2 of 5
The Commission also voted for Commissioner Exposito to work with the City Attorney's Office to
draft language for the proposed settlement agreement with the Bayshore Homeowner's
Association to resolve pending litigation. The lawsuit sought to ensure the reconstruction of the
golf course, which is currently underway and is being presented as a separate item, apart from
this memo to proceed in the form of a Construction Manager at Risk, for which the
Administration is also seeking approval to proceed with the due diligence of negotiating the
early stages of this contract.
The Administration has taken into consideration the concerns expressed by the Bayshore
Homeowner's Association, the Bayshore residents, and the Commission regarding the
preservation of the Par-3 green space, and will be working with the design consultants to
provide a plan that incorporates the elements in the scope of services in a manner which
maximizes the green space to the degree that is feasible and acceptable. The Project's scope of
services does not preclude any further determination by the City and shall be subject to the final
approval by the aforementioned committees. The Contractor's scope of services shall be
modified accordingly to meet these requirements.
Moreover, in order to implement the recommendations as expressed by the HOA, Bayshore
residents and the Commission to promote the preservation of green space, the originally
proposed 34 spaces as presented at the commission meeting of June 1, 2011 have been
reduced to nine (9) spaces. The City's Planning Department has determined that the parking
requirement for the Par 3 golf course is one (1) parking space per hole and therefore can be
reduced to 9 spaces and still meet the level of parking requirements for the Par 3 Golf Course
and its related facilities. Based on the interpretation of the current code, specifically Section
130-37(c) which states "The parking space requirements for a use not specifically listed in this
section shall be the same as for a listed use which generates a similar level of parking demand"
the City has determined that nine (9) parking spaces will suffice and service the needs of the
Par 3 and its related facilities, strictly for their use. (see Attached Exhibit "'An)
ADDITIONAL PARKING AT THE HEBREW ACADEMY
At the Design Review Board meeting held on September 6, 2010, the Hebrew Academy
presented the proposed plans for a new gymnasium building. As part of their proposed plans,
they indicate approximately 23 parking spaces to be located in "Area B" (east of the current play
courts) per the Settlement Agreement dated October 17, 1995, entered by the Hebrew
Academy and the City of Miami Beach. As part of this Settlement Agreement, the City has the
right to use the 23 parking spaces after school hours and on weekends as long as there is not a
special function being held at the Hebrew Academy.
CONSTRUCTION MANAGER AT RISK (CMR)
On July 13, 201 1, the City Commission approved the issuance of an RFQ for a Construction
Manager at Risk Firm to Provide Pre-Construction Services and Construction Phase Services
Via a Guaranteed Maximum Price (GMP) Amendment for the Par 3 Golf Course Project.
The Capital Improvement Projects (CIP) staff has studied the use of Construction Management
at Risk (CMR) project delivery method for this project in lieu of a standard Design-Bid-Build
process, and recommends the CMR option as the most advantageous project delivery method
to successfully complete the redevelopment of the Par 3 golf course and related facilities. One
of the most important distinctions between the CMR project approach and the Design-Bid-Build
is that the CMR is selected based on the CMR firms qualifications. The CMR approach will give
the City the added value of having a qualified contractor evaluate the project documents for any
inconsistencies, errors and omissions between the various design disciplines and
constructability of the project.
Commission Memorandum - RFQ 41-10/1 I CMR for the Par 3 Golf Course Project
October 19, 201 1
Page 3 of 5
The Project Team, consisting of the Owner (City), Design Professional and CMR work together
to produce a quality project with a design that is also buildable in an environment based on a
collaborative effort between the three parties in order to work out all the potential conflicts in the
project prior to construction.
The scope of the work for this project is to provide all materials, labor, equipment, supervision,
mobilization, overhead and profit required to redevelop the City's nine-hole Par 3 golf course as
well as parking and recreational facilities as specified in the Project. The Par 3 is bounded by
Prairie Avenue on the west, West 28th Street on the north, Pine Tree Drive on the east, and
Miami Beach Senior High School, the Public Works Yard and the Hebrew Academy on the
south.
The CMR shall review Project requirements, existing on-site and off-site development, surveys
and preliminary budget, and make recommendations to the City for revisions. The CMR shall
prepare a Project Schedule in accordance with the Contract Documents and in coordination with
the City and the ArchitectlEngineer, identifying all phases, critical path activities, and critical
duties of each of the Project team members. The CMR shall review the permitted set of plans
and advise the City and the ArchitectJEngineer regarding the constructability of the design and
of any errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of
proposed bid packages and detailed cost estimates, and advise the City regarding trends in the
construction and labor markets that may affect the price or schedule of the Project. The CMR
shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided,
and the City shall compensate the CMR for such services, based upon a fixed fee. At the
conclusion of the Preconstruction Services Phase, the CMR shall, provide the City a proposal
for a GMP Amendment for construction phase services and without assuming the duties of the
ArchitectIEngineer, warrant to the City, that the plans, specifications and other Contract
Documents are consistent, practical, feasible and constructible, and that the Project is
constructible within the contract time.
The City's latest estimate of probable cost for the project, including the Par 3 golf course and
related facilities and tennis courts, is $2,900,000.
RFQ PROCESS
RFQ No. 41-1011 1 was issued on July 19, 201 1, and the Procurement Division uploaded the
document to BidSync and Bidnet, as well as e-mailed the RFQ, sending it to over 75 firms. This
outreach resulted in the receipt of proposals from the following five (5) firms: KemperSports &
Duininck; Landscapes Unlimited, LLC; QGS Development, Inc.; RyanGolf Corporation; and The
Weitz Company.
On August 8, 201 1, the City Manager via Letter to Commission No. 198-201 1 appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals.
Greg Carney
Christina Cuervo
Maria Hernandez
Alberto Pozzi
Kevin Smith
Silvia Winitzky
Alternate:
Bert Cabanas
Golf Advisory Committee Member and Resident
ClPOC Member and Resident
Sr. Capital Projects Coordinator, CIP Department
General Manager, Professional Course Management
Director, Parks and Recreation Department
Co-President Bayshore HOA and Resident
Capital Projects Coordinator, CIP Department
Commission Memorandum - RFQ 4 1-1 0/1 I CMR for the Par 3 Golf Course Project
October 19, 201 1
Page 4 of 5
A commissioner had requested an additional member be added to the Committee with
knowledge of construction. The CIP office designated Janette Fernandez Arencibia to
participate. Also, due to sudden health issues with Alberto Pozzi, he was unable to participate
on the Committee.
The Committee convened on August 19, 2011, and was provided with an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government in the
Sunshine Law. The Committee listened to a brief overview and participated in a question and
answer session with each of the five (5) Proposers.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFQ, which was as follows, for a total possible 100 points:
The experience, qualifications, quality control and assurance plan, and portfolio of the
Principal Firm - 20 points
The experience, qualifications and portfolio of the Project Manager, as well as hislher
familiarity with this project and a thorough understanding of the methodology and design
approach to be used in this assignment - 25 points
The experience and qualifications of the professional personnel assigned to the Project
Team as well as their familiarity with this project and a thorough understanding of the
methodology and design approach to be used in this assignment -20 points
Willingness to meet time and budget requirements as demonstrated by past performance,
methodology and approach - 20 points
Past performance based on quality of the Performance Evaluation Surveys and the
Administration's due dilligence based upon reference checks performed of the Firm(s)
clients - 10 points
Risk Assessment Plan that reflects a clear understanding of project objectives; a thorough
review of existing conditions; familiarity with the project site; a thorough understanding of all
permitting and regulatory requirements and impacts; and other considerations that may
impact the design and construction of the proposed improvements - 5 points
The Committee discussed the proposals and proceeded to score and rank as follows:
QGS
Development
Weitz
Company
RyanGolf
Landscapes
Unlimited
KemperSports
& Duininck
Janette
Fernandez
Arencibia
99 (1)
96 (2)
85 (3)
81 (4)
75 (5)
Greg
Carney
100 (I)
98 (3)
99 (2)
80 (4)
79 (5)
Christina
Cuewo
97 (1)
95 (3)
96 (2)
91 (4)
84 (5)
Maria
Hernandez
99.8 (1)
94.9 (2)
87-9 (3)
66.7 (5)
79.7 (4)
Kevin
Smith
93 (1)
80 (4)
88 (2)
82 (3)
77 (5)
Silvia
Winitzky
95 (1)
90 (2)
70 (5)
75 (3)
73 (4)
Ranking
of Firm
6
16
17
23
28
Commission Memorandum - RFQ 41-10/1 I CMR for the Par 3 Golf Course Project
October 19, 201 1
Page 5 of 5
The Committee Members all stated that it was a difficult scoring and ranking process, as they
believed all five (5) firms were very capable of providing the required services. After
deliberating, the Committee unanimously ranked QGS Development, Inc. (QGS) as the top-
ranked firm.
QGS is one of the leading golf course contractors in the State of Florida. QGS has many years
of experience providing construction management services as well as constructing golf courses
in the United States and Internationally. The firm self performs most of their work, and has
experience with working with McCumber Golf, the firm that was selected to redesign the Par 3
project in early 2010. The proposal submitted by QGS offered a flexible schedule, continuous
outreach to the neighboring community, and working closely with the City on project decisions.
QGS has experience working with the City as they performed the renovation and
reconconstruction on the Normandy Golf Course, and completed the project within schedule
and budget. The references relative to the Normandy project are excellent, as are their
references overall on all of their projects.
The Weitz Company has extensive construction manager at risk experience nationally and
locally, performing in excess of $595 million on 58 projects in the last five (5) years in the state
of Florida alone. They also have extensive golf course renovation experience on several large
and small projects, completing over 72 projects in the past ten (10) years.
Weitz has worked with McCumber Golf, and has excellent references. Their proposal and
presentation demonstrated that they performed their research on the neighborhood and the
project and had a professional approach.
RyanGolf has extensive experience constructing and renovating golf courses nationally and
locally, having worked on over 80 projects in the past ten (10) years, and their references are
excellent. They self-perform most of their work and their proposal and presentation
demonstrated their understanding of the project and their team had a very solid methodology
and approach.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
Resolution, which recommends the acceptance of the ranking of firms pursuant to RFQ # 41-
1011 1, and authorizes the Administration to enter into negotiations with the top-ranked firm of
QGS Development, Inc., and if the Administration is unable to negotiate an agreement with the
top-ranked firm, authorize the Administration to negotiate with the second-ranked firm of The
Weitz Company, and if the Administration is unable to negotiate an agreement with the second-
ranked firm, authorize the Administration to negotiate with the third-ranked firm of RyanGolf
Corporation. Notwithstanding the preceding, the City Manager further recommends that the
subject Resolution be subject to and contingent upon approval of a proposed Settlement
Agreement by the City and the Bayshore Homeowners Association, Inc, to that certain litigation
entitled, Bayshore Homeowners Association, Inc, vs. City of Miami Beach Case No. 07-42998
CA 30.The aforestated Settlement Agreement is also scheduled to be considered at the
Commission meeting prior to consideration of this item.
T:\AGENDA\2011\10-19-1 I\RFQ 41-10-1 1 CMR for PAR 3 Merno.docx
IAMI
3EblY
RESOLUTION TO BE SUBMITTED
9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of
FROM: Jorge M. Gonzalez, Cit
Jose Smith, City Attorn
DATE: October 19, 201 1
SUBJECT: RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH THE
BAYSHORE HOMEOWNERS ASSOCATION CONCERNING THE PAR 3.
BACKGROUND
The redesign of the Par 3 golf course, and the lawsuit brought by the Bayshore
Homeowners' Association, have been discussed for many years. During the June 1,
201 1 City Commission meeting, the Commission approved a concept plan for renovation
of the Par 3 and construction of related facilities (including tennis courts, a tot lot and a
splash pad).
The Commission also voted for Commissioner Exposito to work with the City Attorney's
Office in drafting language for a proposed settlement agreement with the Bayshore
Homeowners Association to resolve the pending lawsuit. The Homeowners' Association
was seeking to enforce and then modify the earlier settlement agreement in Citizens for
Greenspace, inc., and Kinerk, v. City of Miami Beach, et a/., (the "Greenspace
Settlement Agreement") by increasing the vote required for future modifications to the
golf course. As there are legal concerns whether the Greenspace Settlement
Agreement can be modified in the present lawsuit, the City Attorney's Office proposed
entering into a separate agreement with the Bayshore Homeowners' Association, which
would contain more restrictive provisions.
The Administration and the City Attorney recommended that a proposed settlement
would provide that changes to the Par 3 golf course itself would require a 6/7
supermajority vote of the entire City Commission. As to the remaining facilities,
including the tennis courts, splash pad, tot lot, or other features on the Par 3 land, the
Administration and City Attorney have recommended that any changes would require a
517 vote, consistent with the Greenspace Settlement Agreement. The Land Use and
Development Committee, at its meeting of July, 201 1, recommended that all changes
would require a unanimous (717) vote of the entire City Commission.
The Greenspace Settlement Agreement provides in part:
7. Recreational Designation of Municipal Golf Course Land.
The City agrees to expressly designate the municipal par three golf
course land described in Exhibit "I" exclusively for "park and recreational
use." The City agrees that it shall not change the use or designation of
I Agenda Item aq 6-
1
I Date 10- 14-11
Par 3 Golf Course - Settlement
City Commission - October 19, 201 1
Page 2 of 3
that par three golf course land from its present municipal golf course use
unless a "super-majority" of commissioners approves such a change in
use. A "super-majority" consists of the number of commissioners
otherwise required to approve a resolution plus one additional
commissioner.
The Settlement Agreement
The followina discussion identifies important parts of the Settlement Aareement. In
paragraph the Settlement ~~reement for the filing of a stipulation for
dismissal of the lawsuit against the City, and exchange of a mutual release, within five
days of execution of the Agreement.
In paragraph 2, the City agrees to implement improvements to the Par 3 Golf Course,
substantially in accordance with the concept plan as approved by the City Commission
by Resolution 201 1-27677, adopted June 1, 201 1, and proceed with reasonable
expediency.
In paragraph 3, the City agrees to continue to fund the planned renovations and
improvements until completion so the Par 3 Golf Course becomes and remains a viable
9-hole golf course, unless its use or designation is amended as otherwise provided.
In paragraph 4, the City agrees that it shall not change the use, zoning or land
designation of the Par 3 Golf Course land, except as provided in this paragraph (unless
conflicting provisions otherwise exist, in which event the stricter provisions shall control).
The paragraph establishes certain voting requirements for changes to the use and
designation of the Par 3 Golf Course, which may be stricter than that provided for in the
Greenspace Settlement Agreement. The paragraph also identifies the various uses in
the concept plan, by subparcels identified Exhibit "A."
a. As to Parcels A (the Par 3 Qhole golf course), B (the Scott Racow Open
Play Area), and D (an area within the Par 3 Golf Course, temporarily used as part of the
Public Works storage yard, which shall be returned to landscaped park and recreation
uses), such uses shall remain as designated in this paragraph and in the plans approved
by the City for renovation of the golf course by Resolution 201 1-27677 and identified in
Exhibit "A, unless a 1 vote of the City Commission approves the change at a duly
noticed public hearing.
b. As to Parcel C (the tennis courts, tot lot, splash pad, starter and restroom
building, nine parking spaces and landscaping), such uses shall remain as
designated in this paragraph and in the plans approved by the City for renovation of the
golf course by Resolution 201 1-27677 and identified in Exhibit "A, unless a 1 vote
of the City Commission approves the change at a duly noticed public hearing.
c. As to Parcel E, the Greenspace Settlement Agreement provides that this
space may be improved for parking by the Hebrew Academy, with rights of shared use
for Par 3 Golf Course and other uses shown on Exhibit "A as provided in that
Agreement.
As stated above, the Land Use Committee has recommended, based upon earlier
requests by the Bayshore Homeowners Association, that a unanimous vote is
required for all such change decisions. During settlement negotiations, the
Association has indicated that settlement of the lawsuit is contingent upon
Par 3 Golf Course - Settlement
City Commission - October 19, 201 1
Page 3 of 3
Parcels A, B and D being subject to a 717 vote of the entire City Commission, and
as to Parcel C, a 617 vote of the entire City Commission. This is a policy decision
for the City Commission to make.
Attached is the Friday, October 14, 201 1 email from Robert Hartsell, Esq., counsel for
the Bayshore Homeowners Association, Inc., confirming the settlement agreement as
qualified above.
CONCLUSION
The Administration and City Attorney are seeking direction from the City Commission on
how to proceed with the resolution of this matter. A proposed settlement agreement is
attached for your consideration. If the settlement agreement meets with your approval,
and you accept the voting requirements of the Bayshore Homeowners Association, the
Administration and City Attorney recommend its acceptance.
JMGIJSID v IGMH
T:\AGENDA\201 1\10-19-1 K~ar 3 Settlement Memo to Commmission rev 10-14-1 1 for 10-1 9-1 1 .doc
Held. Garv
From:
Sent:
To:
Subject:
Attachments:
Robert Hartsell [robert@hartsell-law.com]
Friday, October 14, 201 1 12:16 PM
Held, Gary
RE: Final Documents
Par 3 Golf Course Boundarry with parcels Final with comments final.pdf
Please find attached the revised attachment "A" with the changes as indicated in your email. This email shall also serve
as confirmation that upon receipt of these changes, the settlement Agreement, Release (exhibit B) and attached concept
plan (exhibit A) are accepted by my client Bayshore Homeowners Association, Inc. in settlement of Bavshore
Homeowners Association v. City of Miami Beach. My clients retain the right to not settle if the City Commission adopts a
voting requirement less than 717 for paragraph 4a and less than 6/7 for paragraph 4b of the settlement agreement or if
there is any material change to the agreement. I will be at the commission meeting to address any questions that may
result in a modification to the agreement and an authorized representative will be available at the hearing to accept and
execute the final adopted settlement agreement.
regards
Robert N. Hartsell, Esq.
Robert N. Hartsell, P.A.
(954) 232-4889
Facsimile: (954) 941-6462
www.hartsell-law.com
The information contained in this transmission may contain privileged and confidential information. It is intended only
for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.
From: Held, Gary ~mailto:GaryHeld@miamibeachfl.gov]
Sent: Friday, October 14, 2011 10:45 AM
To: Robert Hartsell
Cc: Ballantyne, Duncan; Smith, Jose; Gonzalez, Jorge; Vazquez, Fernando
Subject: RE: Final Documents
Importance: High
Robert: Subject to review by the City Attorney, City Manager, and staff identified previously, the changes you have
made to the Settlement Agreement and Release appear acceptable. With regard to the Final Concept Plan and its
comments, it appears acceptable, except as follows:
1. The plan, and all lines and comments are subject to review and confirmation by the Director of Capital
Improvements, Director of Public Works, and City Surveyor.
2. As to Parcel E, the parenthetical should read "per Greenspace Settlement Agreement."
3. As to Parcel D, It is simply impossible to comply "upon signature of the Settlement Agreement." This comment
should read: "Parcel in temporary use by Public Works. To be returned as part of golf course renovations."
Please confirm upon receipt that with these changes, the Settlement Agreement, Release and Final Concept Plan are
accepted by your clients in settlement of the Bayshore Homeowners Assn. v. CMB lawsuit;, subject: to the review
above, and the City Commission's final determination on Wednesday of the voting requirements in paragraph 4 of the
Settlement Agreement. As i understand your position, your client retains the right to not settie if the City
Commission adopts a voting requirement less than 7/7 for paragraph 4a of the Settlement Agreement, and less than
617 for paragraph 4b of the Settlement Agreement.
Thanks.
Gary
Gary M. Hetd, First Assistant City Attorney
OFFICE OF THE CITY ATTORNEY, MIAMI BEACH
From: Robert Hartsell [mailto:robert@hartselI-law.com]
Sent: Friday, October 14, 2011 10:06 AM
To: Held, Gary
Subject: Final Documents
Small changes on each document for clarity and Attachment A revised.
Robert N. Hartsell, Esq.
Robert N. Hartsell, P.A.
(954) 232-4889
Facsimile: (954) 941-6462
www.hartsell-law.com
The information contained in this transmission may contain privileged and confidential information. It is intended only
for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT AGREEMENT BETWEEN THE BAYSHORE
HOMEOWNERS ASSOCIATION, INC., AND THE CITY OF MIAMI
BEACH, AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A SETTLEMENT AGREEMENT, AND
AUTHORIZING THE ClTY MANAGER AND CITY ATTORNEY TO
TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY
OUT THE INTENT HEREOF.
WHEREAS, the land known as the Par 3 Golf Course is a valuable
community asset; and
WHEREAS, in the prior lawsuit of Cifizens for Greenspace, Inc., and
Kinerk, v. Cify of Miami Beach, ef a/., a settlement agreement between the
parties of that suit resulted in certain restrictions and allocations of land within
and adjacent to the Par 3 Golf Course (the "Greenspace Settlement
Agreement"); and
WHEREAS, in 2007 the Bayshore Homeowners Association, Inc., brought
suit against the City alleging it was the successor in interest to Citizens for
Greenspace, Inc., and sought to enforce the Greenspace Settlement Agreement,
among other claims; and
WHEREAS, the City has been working towards renovating the Par 3 Golf
Course, and adding other uses, such as tennis courts, a splash pad, tot lot, and
jogging trail, that would bring these amenities into use by area residents; and
WHEREAS, during the June 1, 2011 City Commission meeting, the
Commission approved the concept plan for renovation of the Par 3 and
construction of the related facilities (including tennis courts, tot lot and splash
pad); and
WHEREAS, the City Commission is ready to approve the contracts
necessary for management of the renovation and improvements mentioned
above; and
WHEREAS, the parties desire to enter into a Settlement Agreement to
resolve all disputes, without admitting liability for any of the claims in the Lawsuit;
and
WHEREAS, the Settlement Agreement provides for implementation of the
concept plan substantially in accordance with its approval by the City
Commission; and
WHEREAS, the Settlement Agreement also provides, among other things,
for voting requirements for future modifications, if any, for the Par 3 Golf Course
land and the related improvements; and
WHEREAS, this settlement therefore accomplishes the purposes sought,
while providing resolution to the Plaintiff of the issues raised, and protects the
City from further litigation and litigation expenses in addressing the claims of the
Plaintiff; and
WHEREAS, for the foregoing reasons, among others, the City Attorney
and City Manager recommend that the City Commission approve the settlement,
authorizing the Mayor and City Clerk to execute the Settlement Agreement,
subject to such further minor modifications as may be necessary for the best
interests of the City that are acceptable to the City Manager and the City
Attorney, and to authorize the City Manager and the City Attorney to take such
further actions as may be necessary to accomplish the intent hereof, subject to
such matters as remain in the discretion of the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CIN COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission approve the Settlement Agreement with the
Bayshore Homeowners Association, Inc., and authorize the Mayor and City Clerk
to execute the Settlement Agreement in such final form as the City Manager and
City Attorney approve, and authorizing the City Manager and City Attorney to
take such further actions as may be necessary to accomplish the intent hereof,
subject to such matters as remain in the discretion of the City Commission.
PASSED and ADOPTED this day of 2011.
ATTEST:
MAYOR
CIN CLERK APPROVED AS TO
FORM AND LANGUAGE
/ & FOR EXECUTION
T:\AGENDA\201 1\10-19-1 l\Par 3 Settlement Agreement resolution 10-1 9-1 I .doc
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. : 07-42998 CA 30
BAYSHORE HOMEOWNERS
ASSOCIATION, INC.,
VS.
Plaintiffs,
CITY OF MIAMI BEACH, a Florida Municipal
Corporation,
Defendant.
1
STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and among the
Plaintiff, Bayshore Homeowners Association, Inc., ("Bayshore") and the City of Miami Beach
("City"), to settle the case of Bayshore Homeowners Association, Inc. v. City of Miami Beach,
Case No. 07-42998 as a complete and final settlement of all claims raised in the above-styled
proceeding related to the disposition and protection of lands known as "The Miami Beach Par-3
Golf Course."
RECITALS
WHEREAS, a settlement agreement was executed on October 14, 1995 between
Citizens for Greenspace, Inc., Michael Kinerk, the City (including individual City
Commissioners sitting at the time), the Greater Miami Hebrew Academy, and Daughters of
Israel, Inc., regarding Case No. 92- 1 594 CIV-GRAHAM (the "Greenspace Settlement
Agreement"); and
WHEREAS, the Greenspace Settlement Agreement and this Lawsuit involve the
property known as the Par 3 Golf Course, ("Par 3 Golf Course") located at 2795 Prairie Avenue,
Miami Beach, Florida 33 140 and fully described therein; and
WHEREAS, the Greenspace Settlement Agreement required that the City expressly
designate the land comprising the municipal Par 3 Golf Course as "park and recreational use,"
and that it will not change the use or designation of the Par 3 Golf Course land without a super-
majority vote by the City Commission (a "super-majority" is defined in the Greenspace
Settlement Agreement as the "number of commissioners required to otherwise approve a
resolution plus one additional commissioner").
WHEREAS, the parties agree that renovations and improvements to the Par 3 Golf
Course are necessary and time of is of the essence to complete renovations and improvements
identified by the City in City Commission Resolution 201 1-27677.
WHEREAS, Bayshore is a duly registered not for profit corporation under the laws of
the State of Florida and the person(s) signing on its behalf have been duly authorized to enter
into this settlement agreement by action of the corporation; and
WHEREAS, the parties enter into this Settlement Agreement to resolve all disputes
between them, without admitting liability for any of the claims in the Lawsuit; and
WHEREAS, the parties desire to resolve and settle all pending disputes, claims and
counterclaims between them allegedly arising fiom the Greenspace Settlement Agreement,
including without limitation all claims and counterclaims that were or could have been asserted
in the Lawsuit; and
WHEREAS, the parties believe it would be in their best interests and the interests of the
citizens and residents of Miami Beach to agree to the provisions of this Settlement Agreement.
NOW, THEREFORE, in consideration of the mutual agreements, undertakings and
representations contained in this Settlement Agreement and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. The foregoing recitals are true, accurate and correct and are incorporated herein by
this reference.
2. The City agrees to implement renovations and improvements to the Par 3 Golf Course
substantially in accordance with the concept plan in Exhibit "A," approved by City Commission
Resolution 201 1-27677 adopted June 1,201 1, and proceed with reasonable expediency.
3. The City agrees to continue to fund the planned renovations and improvements until
completion so the Par 3 Golf Course becomes and remains a viable 9-hole golf course, unless its
use or designation is amended as otherwise provided for herein.
4. The City agrees that it shall not change the use, zoning or land designation of the Par 3
Golf Course land, except as provided in this paragraph (unless conflicting provisions otherwise
exist, in which event the stricter provisions shall control). The following parcel designations
correspond to those subparcels identified in Exhibit "A.":
a. As to Parcels A (the Par 3 9-hole golf course), B (the Scott Racow Open Play
Area), and D (an area within the Par 3 Golf Course, temporarily used as part of the Public Works
storage yard, which shall be returned to landscaped park and recreation uses), such uses shall
remain as designated in this paragraph and in the plans approved by the City for renovation of
the golf course by Resolution 201 1-27677 and identified in Exhibit "A", unless a 1 vote of
the City Commission approves the change at a duly noticed public hearing.
b. As to Parcel C (the tennis courts, tot lot, splash pad, starter and restroom
building, nine parking spaces and landscaping), such uses shall remain as designated in this
paragraph and in the plans approved by the City for renovation of the golf course by Resolution
201 1-27677 and identified in Exhibit "A", unless a 1 vote of the City Commission approves
the change at a duly noticed public hearing.
c. As to Parcel E, the Greenspace Settlement Agreement provides that this space
may be improved for parking by the Hebrew Academy, with rights of shared use for Par 3 Golf
Course and other uses shown on Exhibit "A" as provided in that Agreement.
5. No later than five (5) days fiom execution of this settlement Agreement by all parties,
the parties (a) shall file with the Court a stipulation for dismissal with prejudice of the lawsuit,
with this Settlement Agreement attached, and (b) agree to exchange mutual releases, the forms of
which are attached as Exhibit "B".
6. Bayshore agrees not to pursue any action in conflict with the provisions of this
Agreement, except through modification of this Settlement Agreement in writing as provided for
herein.
7. Bayshore agrees not to file, and will not encourage any Bayshore Homeowner's
Association resident or any other person or entity to file, any administrative or judicial actions
contrary to this Agreement.
8. This Settlement Agreement shall be binding upon and inure to the benefit of the City
of Miami Beach and the Bayshore Homeowner's Association, Inc. as well as their respective
successors and assigns.
9. Any violation or breach of any of the terms of this Settlement Agreement may be
remedied solely by specific performance. The prevailing party in any proceeding seeking to
enforce this Settlement Agreement or any portion hereof shall be entitled to receive from the
other party court costs and reasonable attorney's fees. This paragraph also applies to any cost
and fees incurred in connection to any appeals.
10. This Settlement Agreement may only be modified, amended or released by a written
instrument executed by the Bayshore Homeowner's Association, Inc. its successors or assigns
and the City of Miami Beach.
11. Invalidation of any one of these provisions by judgment of Court shall not affect any
of the other provisions of this Settlement Agreement, which shall remain in full force and effect.
12. This Settlement Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Florida. Venue to enforce this Settlement Agreement
shall be in the I lh Judicial Circuit Court in and for Miami-Dade County, Florida. As to any
matters set forth in the Greenspace Settlement Agreement, the federal court shall retain
jurisdiction. Nothing in this Settlement Agreement is intended to supersede or conflict with the
terms of the Greenspace Settlement Agreement, except for the additional provisions herein
concerning a) the City's agreement to improve the Par 3 Golf Course land substantially in
accordance with the approved Site Plan (Exhibit "A") as provided in paragraphs 2 and 3 herein,
and b) the voting provisions in paragraph 4 herein.
13. This Settlement Agreement may be executed by the parties in counterpart originals
with the same force and effect as if fully and simultaneously executed in a single original
document.
14. Each party shall bear its own costs, including attorney fees, incurred in connection
with the above-captioned case, except as otherwise provided in paragraph 9.
Agreement.
16.
This Court shall retain jurisdiction to enforce the terms of this Settlement
This Settlement Agreement shall be deemed drafted by all parties and there shall
be no presumption against any party relating to the drafting of the Settlement Agreement and the
language used herein.
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be duly
entered into and signed as of the day and year first written above.
Bayshore Homeowner's Association, Inc.
BY
Printed Name:
Title:
Witnesses:
Print Name
Print Name
City of Miami Beach
a Florida municipal corporation
ATTEST:
City Clerk
By:
Matti Herrera Bower, Mayor
APPROVED AS TO FORM
F:\ATTOVIELGLITIGATION\Bayshore Homeowners Assoc\Settlement\Stipulated settlement clean for Commission 10-14-ll.doc
Exhibit "A"
Swti Rakw
Youth Center
MIAMI BEACH SENOR HCH SCHOOL
093 37s nrri ,a
Landscape Bed whdline .. . .. .. . .
,t-",\ Lake Edge with Littoral Shelf
\' -a'
Goif Hole
Scorecard
North
Date: June 3,201 1
Revised: September 7,201 1
Smle: I" = 50'
Final Concept Plan for
The Miami Beach Par-3 Golf Course
The City of Miami Beach, Florida
Exhibit "B"
LIMITED MUTUAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, that Bayshore Homeowners
Association, Inc., and the City of Miami Beach, for and in consideration of the terms,
conditions, stipulations, and acknowledgments of the Settlement Agreement between the
parties dated , and for other good and valuable consideration
received by all parties, the receipt and sufficiency of which are hereby acknowledged, do
hereby mutually remise, release, acquit, satisfy and discharge one another for themselves,
their successors, heirs, assigns, agents and attorneys of and from any and all actions,
causes of action, counterclaims, suits, torts, debts, sums of money, accounts, reckonings,
contracts, controversies, agreements, promises, damages, constitutional claims, tortuous
interference claims, malicious prosecution claims, abuse of process claims, judgments,
executions, claims and demands whatsoever, past, present and future, in law or in equity,
which each had, may have had, asserted, or may have asserted against the other(s) in, on
account of, or arising out of the lawsuit styled Bayshore Homeowners Association, Inc. v.
City of Miami Beach, Case No. 07-42998, in the 11" Judicial Circuit Court in and for
Miami-Dade County, Florida.
Witness our hands and seals this - day of ,2011.
Bayshore Homeowner's Association, Inc.
BY
Printed Name:
Title:
Witnesses:
Print Name
Print Name
ATTEST:
City Clerk
City of Miami Beach
a Florida municipal corporation
By:
Matti Herrera Bower, Mayor
APPROVED AS TO FORM
F:\ATTO\HELGLITIGATIONE3ayshore Homeowners Assoc\Settlement\Mutual Release 10-13-201 1.doc
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachFl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge Gonzalez
A
FROM:
DATE:
SUBJECT: Attorney-Client Session
Pursuant to $286.01 1, Florida Statutes, the City Attorney hereby advises the Mayor
and City Commission that he desires advice concerning the following pending
litigation matter:
Bayshore Homeowners Association, Inc. v. City of Miami Beach,
Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida
Case No. 07-42998 CA 30
Therefore, a private closed Attorney-Client Session will be held during the lunch
recess of the City Commission meeting on October 19,201 I, in the City Manager's
Large Conference Room, Fourth Floor, City Hall, to discuss settlement negotiations
and/or strategy related to litigation expenditures with regard to the above-referenced
litigation matter.
The following individuals will be in attendance: Mayor Matti Herrera Bower;
Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin,
Edward Tobin, Deede Weithorn and Jonah Wolfson; City Manager Jorge Gonzalez,
City Attorney Jose Smith, First Assistant City Attorney Gary Held, and First
Assistant City Attorney Debora Turner.
Agenda Item
Date 10 -19-11
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