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Home My WebLink About2005-26038 Reso RESOLUTION NO. 2005-26038 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS, IN THE AMOUNT OF $53,270, FROM GULF BREEZE LOAN POOL INTEREST, FOR THE CONSTRUCTION OF AN AIR CONDITIONED GARBAGE ENCLOSURE FOR THE MIAMI BEACH GOLF COURSE CLUBHOUSE PROJECT. WHEREAS, on September 11, 2002, the Mayor and City Commission approved the award of a contract to TRAN Construction Inc. (TRAN), in the amount of $2,669,000, for the construction of the Miami Beach Golf Course clubhouse, maintenance yard building, and restroom shelters (the Project); and WHEREAS, the contractual duration of the Project was separated in two independent time lines: one for the clubhouse and restrooms, and another for the maintenance yard building; and WHEREAS, substantial completion for the new clubhouse building was achieved on May 26, 2005, and a Temporary Certificate of Occupancy (TCO) was approved by the City's Building Department on May 25, 2005; and WHEREAS, TRAN, is currently working on the punch list items generated by the inspections of various disciplines for the TCO; and WHEREAS, on July 11, 2005, the requirement of an enclosed, sprinklered, and air conditioned garbage room, per City Code, Section 90-98(g), "Location of Garbage Facilities and Garbage Storage Rooms," was required by the City's Building Department to the TCO punch list, making it a requirement of the Final Certificate of Occupancy; and WHEREAS, Section 90-98(g) requires that "All new restaurants and all restaurants undergoing substantial rehabilitation or construction of an addition or additions shall have air conditioned garbage rooms approved by the planning, design and historic preservation division and building services department as to the location, size and other criteria as required by law or city ordinance"; and WHEREAS, the enclosed, air conditioned enclosure must be built in order to obtain a Final Certificate of Occupancy for the Project; and WHEREAS, TRAN has estimated that this additional work would cost the City an additional amount not to exceed $44,200; and WHEREAS, a construction contingency of 150/0 ($6,630) and a 4.8010 CIP ($2,440) fee are also required to be allocated for this additional work, for a grand total of $53,270; and WHEREAS, funding for this additional work is available from Gulf Breeze Loan Pool Interest. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby appropriate funds, in the amount of $53,270, from Gulf Breeze Loan Pool Interest, for the construction of an air conditioned garbage enclosure for the Miami Beach Golf Course Clubhouse Project. PASSED and ADOPTED this 19th day of Octo ATTEST: David Dermer ~dP~ CITY. CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ /Pf/VOS. ~- T:\AGENDA\2005\Oct1905\Regular\Bayshore Clubhouse Appropriation Resolution.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A Resolution appropriating $53,270 Gulf Breeze Loan Pool Interest for the construction of an air conditioned garbage enclosure for the Miami Beach Golf Course Clubhouse Project. Issue: Should the City Commission fund $53,270 from Gulf Breeze Loan Pool Interest to provide for the construction of an air conditioned garbage enclosure for the Miami Beach Golf Course Clubhouse Project? Item Summa IRecommendation: On September 11, 2002 the Mayor and City Commission approved the award of a contract to TRAN Construction Inc., (TRAN) in the amount of $2,669,000 for the construction of the Miami Beach Golf Course Clubhouse, Maintenance Yard Building, and Restroom Shelters, (The Project). Substantial Completion for the new Clubhouse Building was achieved on May 26, 2005 and a Temporary Certificate of Occupancy (TCO) was approved by the City of Miami Beach Building Department on May 25,2005. As part of the permit close-out process it was discovered that the Project requires, unless waived, an enclosed, sprinklered, and air conditioned garbage room per City Code, 90-98(g):/lLocation of Garbage Facilities and Garbage Storage Rooms./l The Clubhouse was built per the originally approved and permitted plans with a non-air conditioned garbage storage facility. According to the City Code the definition of a garbage storage facility is "a structure enclosed on the bottom and all sides except the top, which may be open or closed, constructed of solid material and having sufficient capacity to hold all garbage facilities required for a particular establishment./l The Clubhouse building contains a garbage storage facility which is enclosed with 5-foot high concrete masonry unit walls on three sides with a poured concrete bottom, opened on the top, and contains a floor drain. It holds a 6 yard garbage container. Section 90-98(g) of the Miami Beach City Code states:/l All new restaurants and all restaurants undergoing substantial rehabilitation or construction of an addition or additions shall have air conditioned garbage rooms approved by the planning, design and historic preservation division and building services department..../l A Final Certificate of Occupancy without an air conditioned garbage enclosure cannot be obtained unless the requirement is waived. The City Code does contain other Sections which allow for facilities not to have air conditioned enclosures depending on the City's interpretation of the occupancy of the building. If the occupancy is interpreted as Commercial use rather than as Restaurant use the enclosure would not be needed. The City Code also contains a provision granting authority to the City Manager to promulgate regulations to enforce and administer Article III Section 90 of the Code provided the administration of regulations is approved by the City Commission. Under Paragraph 90-71 therefore, the City Commission has the authority to allow the City Manager to manage this matter administratively and to direct the City Manager to allow the enclosure as constructed and to not require that an air conditioned enclosure be now provided. The Administration recommends that the Commission appropriate $53,270 from Gulf Breeze Loan Pool Interest for the construction of an air conditioned garbage enclosure for the Miami Beach Golf Course Clubhouse Building or alternatively, the City Commission could direct the City Manager to deal with this matter administratively under the provisions of Section 90-71 which would permit retaining the facili as constructed. This amount includes a 15% contin enc $6,630 and a 4.8% CIP$2,440 fee. Advisory Board Recommendation: I Financial Information: Source of Fun $53,270 AGENDA ITEM DATE ~7F- IO-lf-O?;; CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: From: Mayor David Dermer and Date: October 19, 2005 Members of the City Commission Jorge M. Gonzalez ~ City Manager Q - U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $53,270 FROM GULF BREEZE LOAN POOL INTEREST, FOR THE CONSTRUCTION OF AN AIR CONDITIONED GARBAGE ENCLOSURE FOR THE MIAMI BEACH GOLF COURSE CLUBHOUSE PROJECT. Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding is available from Gulf Breeze Loan Pool Interest, in the amount of $53,270. BACKGROUND On September 11 , 2002 the Mayor and City Commission approved the award of a contract to TRAN Construction Inc., (TRAN) in the amount of $2,669,000 for the construction of the Miami Beach Golf Course Clubhouse, Maintenance Yard Building, and Restroom Shelters, (The Project). The contractual duration of the project was separated into two independent timelines: one for the clubhouse and restrooms, and another for the maintenance yard building. The City issued a notice to proceed to TRAN for the clubhouse building on January 11, 2003, which established a substantial completion date of October 7, 2003, with a contractual duration of 269 calendar days to achieve substantial completion. A notice to proceed was issued for the maintenance yard building on April 3, 2003, which established a substantial completion date of August 31, 2003, with a contractual duration of 150 calendar days to achieve substantial completion. During the process of construction several events occurred which caused delays to the completion of the Project. The most significant event was due to the discovery of unsuitable soil for the foundations which was not detected during the geo-technical investigations performed prior to the structural design. The end result of the discovery was that more extensive removal of existing soils and installation of suitable material was necessary in order to complete the structure of the building. Because of this discovery there was a dispute between the City and the contractor which was eventually resolved City Commission Memorandum October 19, 2005 Miami Beach Golf Course Clubhouse Project Page 2 of 3 through mediation. Other delays were due to Owner requested changes, weather events, normal construction issues, etc. Substantial Completion for the new Clubhouse Building was achieved on May 26, 2005 and a Temporary Certificate of Occupancy (TCO) was approved by the City of Miami Beach Building Department on May 25, 2005. As part of the permit close-out process it was discovered that the Project requires, unless waived, an enclosed, sprinklered, and air conditioned garbage room per City Code, 90-98(g):"Location of Garbage Facilities and Garbage Storage Rooms." The Clubhouse was built per the originally approved and permitted plans with a non-air conditioned garbage storage facility. According to the City Code the definition of a garbage storage facility is "a structure enclosed on the bottom and all sides except the top, which may be open or closed, constructed of solid material and having sufficient capacity to hold all garbage facilities required for a particular establishment." The Clubhouse building contains a garbage storage facility which is enclosed with 5-foot high concrete masonry unit walls on three sides with a poured concrete bottom, opened on the top, and contains a floor drain. It holds a 6 yard garbage container. Section 90-98(g) of the Miami Beach City Code states: "AII new restaurants and all restaurants undergoing substantial rehabilitation or construction of an addition or additions shall have air conditioned garbage rooms approved by the planning, design and historic preservation division and building services department as to the location, size and other criteria as required by law or city ordinance." A Final Certificate of Occupancy without an air conditioned garbage enclosure cannot be obtained. The City Code does contain other Sections which allow for facilities not to have air conditioned enclosures depending on the interpretation of the occupancy of the building. If the occupancy is interpreted as Commercial use rather than as Restaurant use, the enclosure would not be needed. The facility's Occupational License includes multiple uses such as retail, restaurant, clubhouse and commercial. In order to assure that the garbage generated by the Clubhouse facility does not impose a nuisance to the neighboring community, the Parks and Recreation Department has arranged for refuse to be collected every day. The City Code requires a minimum of twice a week to comply. The City Code also contains a provision granting authority to the City Manager to promulgate regulations to enforce and administer Article III Section 90 of the Code provided the administration of regulations is approved by the City Commission. Under Paragraph 90-71 therefore, the City Commission has the authority to direct the City Manager to allow the enclosure as constructed and to not require that an air conditioned enclosure be now provided. However the recommendation is to build the enclosure required by the Code. City Commission Memorandum October 19, 2005 Miami Beach Golf Course Clubhouse Project Page 3 of 3 Conclusion Based on the aforementioned, the Administration requests appropriation of $53,270 from Gulf Breeze Loan Pool Interest. This amount includes a 150/0 contingency ($6,630) and a 4.80/0 CIP ($2,440) fee. T:\AGENDA\2005\Bayshore Clubhouse Appropriation Commission Memo.doc ~ 90-40 b. Following, per occur- rence by same contrac- tor during same fiscal year ..... . . . . . . . . . . . . (7) Contractors not reporting timely a stopped service in writing to the city manager or his designee (temporary or permanent) . . . . . . . . . . . . . (8) Contractor's truck breaking sidewalks, curb and gutters; contractor's truck driving over sidewalks, curbs, and block- ing pedestrian traffic or breaking water meter, elec- tric meter or other types or lids on city property, cost of replacement by city plus: a. First occurrence ...... b. Following, per occur- rence. . . . . . . . . . . . . . . . . (9) Contractors leaving trucks, not servicing accounts, parked within city limits, per day . . . . . . . . . . . . . . . . . . . . . . . (10) Dumpsters not in service and generating a health hazard and dumped on city limits prior to removal, per occur- rence . . . . . . . . . . . . . . . . . . . . . MIAMI BEACH CODE 200.00 50.00 100.00 200.00 100.00 500.00 Fine for failure to correct in specified time after notice (11) Dumpsters not returned by contractor to the approved Ioeation, per occurrence. . . . Dumpsters providing shared <:,e~ice to properties with dif- fe"ent ownership, per occur- re nee . . . . . . . . . . . . . . . . . . . . . 50.00 200.00 (d) Violations of section 90-228: Failure to remove all garbage, rubbish and trash in contractor's container and placed within Supp. No.2 immediate area of owner's property line where container is located and, at a minimum, within a radius of ten feet around the container Fine for failure to correct in specified time after notice a. First occurrence ...... b. Following, per occur- rence by same contrac- tor during same fiscal year ................. warning 50.00 (e) Payment of city's costs. In addition to the above-stated fines, violators must also pay any costs incurred by the city in the event the city corrects the violations pursuant to sections 90-36 and 90-37. (Code 1964, ~ 14A-33; Ord. No. 98-3137, ~ 1, 9-23-98) Sees. 90-41-90-70. Reserved. ARTICLE III. COLLECTION AND DISPOSAL DIVISION 1. GENERALLY See. 90-71. City manager rules and regula- tions. The city manager is hereby delegated and shall have the full authority of the city commission to promulgate regulations to enforce and administer the provisions of this article provided such regu- lations are not inconsistent with this article, are in writing, and are approved by the city commis- sion. (Code 1964, ~ 14A-21) Sees. 90-72---90-95. Reserved. CD90: 12 ~ 90-98 MIAMI BEACH CODE (e) All new commercial buildings and all new multifamily residences exceeding eight units shall provide a garbage storage facility approved by the planning, design and historic preservation divi- sion, public works department, and/or building services department as to location, size, and other criteria deemed necessary by law or ordinance. (0 All buildings that are undergoing substan- tial rehabilitation, construction of an addition or additions, or are under new construction or un- dergoing a change of use must provide a garbage storage facility approved by the planning, design and historic preservation division and building services department as to location, size and other criteria as required by law or city ordinance. (g) All new restaurants and all restaurants undergoing substantial rehabilitation or construc- tIon of an addition or additions shall have air conditioned garbage rooms approved by the plan- ning, design and historic preservation division ana bul1C1m se1"Vlces de artment as to location, size and other criteria as reqwre by aw r it or nance. lCode 1~4, ~~ 14A-2, 14A-4) Sec. 90-99. Condition and inspection of gar- bage facilities. All garbage cans and trash containers shall be maintained in good condition and repair. All such receptacles shall be provided with a cover suffi- ciently tight to deter flies or other insects from having access to the contents of the receptacles. Containers in which wet garbage or trash matter are placed shall be leakproof. All garbage cans and trash containers shall be subject to inspection and approval or condemnation by inspectors ap- pointed by the city manager, and an appeal from such condemnation shall be to the city manager or his appointed designee. (Code 1964, ~ 14A-6) Sec. 90-100. Minimum capacity require- ments for various types of uses and occupancies. (a) It shall be the responsibility of the owner, agent, manager or operator of every premises, structure or building in the city to provide suffi- Supp. No.2 cient temporary garbage and trash storage through the use of approved cans, containers or dumpsters. (b) The garbage containers per site shall not be limited provided each individual property has its own approved number of garbage containers and provided that all garbage is picked up a minimum of twice a week. The city manager has the authority and power to approve the capacity of the containers and the frequency of collection services for each individual property pursuant to the guidelines as set forth below. (c) The city divides and classifies waste and its handling requirements as follows: (1) Residential refuse is all the garbage, rub- bish or trash, or waste generated in any existing dwelling used for a single-family residence, duplex, townhouse, apartment, condominium or multifamily building. The city manager will determine the neces- sary capacity of containers and frequency of collection service based on the standard of two 3D-gallon cans or containers per family in a residence, duplex or townhouse and one 3D-gallon can or container per apartment, condominium unit, or cooper- ative unit. If an owner uses containers the volume of which is measured in cubic feet or yards, the foregoing requirements shall be com- puted by assuming that one gallon equals 0.133 cubic foot. (2) Commercial refuse is all SQlid waste gen- erated by businesses such as stores, res- taurants, bars, hotels, motels, markets, schools, churches, hospitals and other in- stitutional buildings. Minimum require- ments for capacity of cans or containers and frequency of collection are as follows: a. Restaurants, stores, office buildings, churches, schools, cafeterias, bars, markets, hotels and motels will have container capacities and frequency of service as approved by the city manager or his designee on an indi- vidual basis. b. The minimum capacity required above may be supplied by providing CD90: 14