R7L-Execute Change Order 1 Seawall Construction At 10th Street FDOT OutfallCOMMISSION ITEM SUIVMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Change Order No. 1 To Bergeron Land Development,
lnc. Dated June 11, 2014 (The Agreement); Said Change Order, ln The Amount Of $1,000,000, Plus A
Project Contingency ln The Amount Of $100,000, For A Total Cost Of $1 ,100,000, For Taking Over
Additional Services Related To A Prior Contract With Ebsary Construction, Which Has Reached An
lmpasse. The Work lncludes: A Seawall Construction At 1Oth Street, Construction Of An FDOT Outfall
Per The Current 10th Street JPA, Converting A Bay Road Pump Station To Direct Discharge To The
Bay At 14th Street, And lnstalling Additional Check Valves At Various Locations Requiring Protection
From Tidal Floodi
lntended Outcome Su
Ensure value and deliverv of oual
Su Data (Survevs. Environmental etc.l: N/A
At its February 12,2014 meeting, Resolution number 2014-28498 was adopted by the City Commission,
accepting the findings and recommendation of the Clty Manager in declaring an emergency, pursuant to
Subseciion 287.055(9)(cx6)(a)(1) of the Florida statute, and as permitted, pursuantto Section 2-367(e)
of the City Code, waiving, by 5/7ths vote, the competitive bidding requirement, and authorizing the City
Manager to take the following actions: To procure the necessary emergency design and construction
services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for
6th, 1Oth and 14rh Streets, r,r'ith Bergeron-Land Development, lnc. (Bergeron), an FDOT contractor for the
Alton Road lmprovements Project, in an amount not to exceed $11,250,000 to: 1) Prepare, whether
through the City's Public Works Department, or through retention of a professional outside design
criteria, as determined by the City Manager, a Design Criteria Package (DCP) which complies with the
specification setforth underSection 287.055(2XJ) of the Florida Statue; 2) Upon completion of the DCP,
authorizing the City Manager to negotiate and, if successful, execute a design-build contract with
Bergeron for the project, with a guaranteed maximum price (GMP); and further, if the City Manager is
successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami Beach,
and to improve the overall stormwater conveyance and discharge, the Public Works Department
requests an addition to the scope of work for the existing Bergeron contract, and to provide all
necessary labor and equipment for the installation of additional seawall, construction conversion of
injection well on Bay Road pump station to a pumped discharged.
Bergeron and the City are in negotiations for additional engineering services, a seawall construction at
10th Street, construction of an FDOT outfall per the existing JPA on l Orh Street, converting the Bay
Road Pump Station to direct discharge to the bay at 14'n Street, and installing additional check valves at
various locations that require protection from tidal flooding.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUT]ON
427-2717-069357
302-2717-069357
199-2717-069357
OBPI
Financial lm
AGENDA ITEM R1 t
DATE-6:It-TTE MIAMIBTACH 758
E MIAMIBEACH
City of Miomi Beqch, I 200 Convention Center Drive, Miomi Beoch, tlorido 331 39, www. miomibeochfl.gov
C MMISSI N MEMORANDUM
Mayor Philip Levine and Members o the Clty C
Jimmy L. Morales, City Manager
June 11,2014
A RESOLUTION OF THE MAYOR Al.lD clTY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE CHANGE ORDER NO. 1 TO BERGERON LAND DEVELOPMENT, INC. DATEO
JUNE 11, 2014 (THE AGREEMENT); SAID CHANGE ORDER, lN THE AMOUNT OF
$1,OOO,OOO, PLUS A PROJECT CONTINGENCY IN THE AMOUNT OF $1OO,OOO, FOR A
TOTAL COST OF $1,1OO,OOO, FOR TAKING OVER ADDITIONAL SERVICES RELATED TOA PRIOR CONTRACT WITH EBSARY CONSTRUCTION, WHICH HAS REACHED AN
IMPASSE. THE WORK INCLUDES: A SEAWALL CONSTRUCTION AT IOTH STREET,
GONSTRUCTION OF AN FDOT OUTFALL PER THE CURRENT 1OTH STREET JOINT
PART|C|PAT|ON AGREEMENT (JpA), CONVERTTNG A BAy ROAD pUMp STATTON TO
DIRECT DISCHARGE TO THE BAY AT 14TH STREET, AND INSTALLING ADD]TIONAL
CHECK VALVES AT VARIOUS LOCATIONS REQUIRING PROTECTION FROM TIDAL
FLOODING.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
FUNDING
TO:
FROM:
DATE:
SUBJECT:
Amount
$758,272
$62,624
$64,184
$214.920
$1,100,000
Account Number
427-2717-069357
302-2717-069357
199-2717-069357
429-2738-069357
CURRENT STATUS
At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City
Commission, accepting the findings and recommendation of the City Manager in declaring an
emergency, pursuant to Subsection 287.055(9)(c)(6)(a)(t) of the Florida statute, and as
permitted, pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths vote, the
competitive bidding requirement, and authorizing the City Manager to take the following actions:
To procure the necessary emergency design and construction services, pursuant to a
negotiated design-build contract for the remaining stormwater pump stations for 6th, 1Oth and
14th Streets, with Bergeron Land Development, lnc. (Bergeron), an Florida Department of
Transportation (FDOT) contractor for the Alton Road lmprovements Project, in an amount not to
759
Commission Memorandum -Bergeron pump stations lmprovements - Change Order No. 1
Page 2 of 2
exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or
through retention of a professional outside design criteria, as determined by the City Manager, a
Design Criteria Package (DCP) which complies with the specification set forth under Section
287.055(2Xl) of the Florida Statue; 2) Upon completion of the DCP, authorizing the City
Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the
project, with a guaranteed maximum price (GMP); and further, if the City Manager is successful
in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami
Beach, and to improve the overall stormwater conveyance and discharge, the Public Works
Department requests an addition to the scope of work for the existing Bergeron contract, and to
provide all necessary labor and equipment for the installation of additional seawall, construction
conversion of injection well on Bay Road pump station to a pumped discharged.
BACKGROUND
At its September 12,2012 meeting, the City Commission approved a Resolution to enter into a
Joint Participation Agreement (JPA) with FDOT to allow the City to construct a proposed FDOT
drainage element along 1Oth Street (at FDOT's cost), as part of the City's 10m Street Seawall
and Street-End Project, thus ensuring that the City's 1Oth Street improvements would not be
disturbed by a subsequent Alton Road Project.
At its November 27,2012 meeting, the City Commission approved and issued an award for
lnvitation to Bid (lTB) No. 07-12l13 to Ebsary. Under this agreement, Ebsary was to furnish all
materials, labor and equipment to construct slreetend improvements including: bulkhead,
paving/grading, and stormwater management associated with the proposed FDOT pump
station, originally located in the Alton Road right of way, for the amount of $1,357,900.
ln April 2014, the City asked Ebsary to resume their JPA as approved by the City Commission,
but at that point, Ebsary requested an increase in their bid due to an 18 month delay, at a cost
that would be greater that the contingency provided. As a result, Bergeron Land Development
(a current FDOT contractor for the Alton Road Construction Project) was asked to submit an
Engineering Cost Proposal to FDOT, requesting a relocation of the Alton Road pump station to
10th and 14th Street Streetends. This process required 100% plans to be approved prior to
FDOT authorizing Bergeron to proceed with the construction.
Bergeron did not receive approval forthe 1Oth Street end pump station relocation until laterthat
month. The relocation eliminated a majority of the work proposed by Coastal Systems
lnternational, lnc., thus voiding Ebsary's agreement with the City.
COST ANALYSIS
Bergeron and the City are in negotiations for additional engineering services, a seawall
construction at 1Oth Street, construction of an FDOT outfall per the existing JPA on 1Oth Street,
converting the Bay Road Pump Station to direct discharge to the bay at 'l4th Street, and
installing additional check valves at various locations that require protection from tidal flooding.
760
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RESOLUTION TO BE SUBMITTED
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