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C7E-Amend Resolution 2015-29127 Lincoln Road And Lincoln Lane South Project\-\-/rYtrvltuJI\-/t \ I I LrYl J\Jrvtrvl/.,\l\ I Condensed Title: A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Amending Resolution No.2015- 29127 Relating To Amendment No. 1 To The Development Agreement Between The City And Jameck Development, lnc. (Developer), Dated July 23, 2014,For The Design, Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (The Project), Correcting The Guaranteed Maximum Price (GMP) Of The Proiect From $786,200 To $806,340. ey lntended Outcome Su Ensure well designed quality capital projects - lncrease Community Satisfaction with City Services Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey, recently completed capital projects were hiqhly rated bv both residents and businesses. Jameck Development, lnc. (Developer) approached the City to enter into a development agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and the construction of streetscape improvements in the City's right-of-way (the Project). This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval. Developer bid out the Project and three firms requested bid documents. Two proposals were received by the Developer: the first one from JCM Development Group, in the amount of $767,164, and the second one from EDGE Construction, lnc. in the amount of $786,200. A third bidder, A. Galvez Construction and Consulting, was disqualified as the cost proposal was not presented by the due date. After review and negotiations by the Developer, EDGE Construction, lnc. was selected to construct the im provements. After review and negotiations by the Developer, EDGE Construction, lnc. (Contractor) was selected to construct the improvements. The Developer submitted the Contractor's proposed schedule of values to Public Works' staff, which proposal was considered fair and reasonable for the proposed work. The Contractor's proposal, in the amount of $786,200, exceeded the City's budgeted cost, in the amount of $485,820 (City's cost), so the Developer agreed to pay for any Project costs exceeding the City's cost. On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $786,200. Thereafter, the Contractor realized that the GMP amount did not include the bond insurance cost required under the Development Agreement, which therefore increased the GMP amount to $806,340 (inclusive of the bond insurance cost). The Administration recommends amending Resolution Number 2015-29127 to correct the Project cost from a GMP of $786,200 to a GMP amount not to exceed $806,340, with any Project costs exceeding the City's cost to be paid by the Developer. Board Recommendation: See above 365-2767-AC,q.?5 -+ 365-2767-069358 Financial lmpact Summary: Funds for this project were approved by the City Commission as part of the City Center Redevelopment District Funds (Citv Center RDA) in the FY 2012113 and FY 2013114 Bruce Mowry, Ext.6565 ()r!l 'Jr.L{L. VVUI1K:'ilrLClrfi 51lde: Llll Ui\d,lleil SUI'",lM GNT docx # AAIAMIBTACH AGENSA ffs$ C7 E oAT,WiiT-JK258 g MIAMIBEACH City of Miqmi Beqch, www.miomibeochfl.gov TO: FROM: DATE: SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, AMENDING RESOLUTION NO. 2015.29127 RELATING TO AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE GITY AND JAMEGK DEVELOPMENT, !NC. (JAMECK OR DEVELOPER), DATED JULY 23,2014, FOR THE DESIGN, DEVELOPMENT, AND CONSTRUCTION OF CERTAIN STREETSCAPE IMPROVEMENT IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE souTH (THE PROJECT), CORRECTING THE GUARANTEED MAXTMUM PRTCE (GMP) OF THE PROJECT FROM $786,200 TO $806,340. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well designed quality capital projects lncrease Community Satisfaction with City Services FUNDING $416,820 365-2767-069357 $ 27,000 365-2767-069351 $ 42.000 365-2767-069358 $485,820 Total BACKGROUND Jameck Development, lnc. (Developer) approached the City to enter into a development agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and the construction of streetscape improvements in the City's right-of-way (the Project). This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and '1700 Convention Center Drive, Miomi Beoch, Florido 331 39, COMMISSION MORANDUM Mayor Philip Levine and Members of City ton Jimmy L. Morales, City Manager October 14,2015 259 City Commission Memorandum Amendment No. 1 to Development Agreement with Jameck Development, lnc.- Euclid Street End Prcject October 14, 2015 Page 2 of 2 (c) by creating more space for performances at the Euclid Oval. On June 5, 2013, the Mayor and City Commission adopted Resolution No. 2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into negotiations with the Developer to design and build the Project. At its June 11,2014 meeting, the City Commission approved Resolution No. 2014-28628, approving the Development Agreement between Jameck and the City on first reading. At its July 23,2014 meeting, the Mayor and City Commission approved Resolution No. 2014- 28673 approving the Development Agreement on second and final reading. The Project had a total budgeted cost to the City of $485,820 (City's cost), with any additional funds for the Project to be covered by the Developer. Such City funds were to be appropriated from Miami Beach Redevelopment Agency (Historic Convention Village/City Center RDA) Funds. ANALYSIS Developer bid out the Project and three firms requested bid documents. Two proposals were received by the Developer: the first one from JCM Development Group, in the amount of $767,164, and the second one from EDGE Construction, lnc. in the amount of $786,200. A third bidder, A. Galvez Construction and Consulting, was disqualified as the cost proposal was not presented by the due date. After review and negotiations by the Developer, EDGE Construction, lnc. (Contractor) was selected to construct the improvements (See attached schedule of values). The Developer submitted the selected contractor schedule of values to Public Works staff, which has reviewed and considered fair and reasonable for the proposed work. The Developer has agreed to pay for costs in excess of the City's cost ($485,820). Staff further reviewed the increased project construction cost and concluded that future maintenance costs to be incurred by the City after completion of the Project are not likely to increase. On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $786,200, with the Developer paying for any Project costs in excess of the City's cost. Thereafter, the Contractor realized that the GMP amount did not include the bond insurance cost required under the Development Agreement, which therefore increased the GMP amount to $806,340 (inclusive of the bond insurance cost). CONCLUS!ON The Administration recommends amending Resolution Number 2015-29127 to correct the GMP Project cost from $786,200 to $806,340. JL-M t Er cb#EA M A/v R B/J R T:\AGENDA\201S\SeptembeAPUBLlC WORKS\Euclid Street End GMP Amedment Memo.docx 260 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2015-29127 RELATING TO AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE GITY AND JAMECK DEVELOPMENT, tNC. (DEVELOPER), DATED JULY 23, 2014, FOR THE DESIGN, DEVELOPMENT, AND CONSTRUGTION OF CERTAIN STREETSCAPE IMPROVEMENT IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD AND LTNCOLN LANE SOUTH (THE PROJECT), coRRECTtNG THE GUARANTEED MAXTMUM pRtCE (cMp) OF THE PROJECT FROM $786,200 TO $806,340. WHEREAS, Jameck Development, lnc. (Developer), approached the City to enter into a Development Agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and the construction of streetscape improvements (the lmprovements) in the City's right-of-way (the Project); and WHEREAS, the Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by providing residents and visitors with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval; and WHEREAS, on June 5,2013, the Mayor and City Commission adopted Resolution No. 2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into negotiations with the Development for a Developer Agreement to design and build the Project; and WHEREAS, on its June 11,2014 meeting, the City Commission approved Resolution No.2014-28628, approving the Development Agreement on first reading; and WHEREAS, on its July 23, 2014 meeting, the City Commission approved Resolution No. 2014-28673, approving the Development Agreement on second and final reading; and WHEREAS, after review and negotiations by the Developer, EDGE Construction, lnc. (Contractor) was selected to construct the improvements; and WHEREAS, the Developer submitted Contractor's proposal, in the amount of $786,200, for review by the City's Public Works' staff, and staff found the proposal to be fair and reasonable for the proposed work; and WHEREAS, the Contractor's proposal exceeded the City's budgeted cost, in the amount of $485,820 (City's cost), so the Developer agreed to pay for any Project costs exceeding the City's cost; and WHEREAS, On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to $786,200; and 261 WHEREAS, thereafter, Contractor realized that the GMP amount did not include the bond insurance cost required under the Development Agreement, which therefore increased the GMP amount to $806,340 (inclusive of the bond insurance cost); and WHEREAS, the Administration recommends amending Resolution Number 2015-29127 to correct the Project cost from the GMP of $786,200 to a GMP of $806,340, with any Project costs exceeding the City costs to be paid by the Developer. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend Resolution No. 2015-29127 relating to Amendment No. 1 to the Development Agreement between the City and Jameck Development, lnc. (Developer), dated July 23, 2014, for the design, development, and construction of certain streetscape improvement in the City's right of way, at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South (the Project), correcting the guaranteed maximum price (GMP) of the Project from $786,200 to $806,340. PASSED AND ADOPTED this 14th day of October, 2015. Philip Levine MAYOR ATTEST: Rafael E. Granado CITY CLERK T:\AGENDA\201s\SeptembeAPUBLlC WORKS\Euclid Street End GMP Amedment RESO.docx APPI?OVED AS TO FORM & LANGUAGE 262 THIS PAGE INTENTIONALLY LEFT BLANK 263