HomeMy WebLinkAbout2006-26173 Reso Inc.
RESOLUTION NO. 2006-26173
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 AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY AND HAZEN & SAWYER, P.C., IN THE AMOUNT OF
$16,683,153, EXTENDING THE TERM OF THE AGREEMENT FROM THE
CURRENT TERMINATION DATE OF SEPTEMBER, 2006, TO A NEW
TERMINATION DATE OF SEPTEMBER, 2012, TO PROVIDE PROGRAM
MANAGEMENT SERVICES IN ACCORDANCE WITH THE EXISTING
AGREEMENT, AS AMENDED HEREIN.
WHEREAS, pursuant to Request for Qualifications (RFQ) No.1 02-99/00, the Mayor and City
Commission adopted Resolution No. 2001-24247, on January 31,2001, approving and authorizing
the Mayor and City Clerk to execute the Agreement with Hazen & Sawyer P. C. (Consultant) , for
Professional Services to Manage Construction within the City's Public Right-of-Way (the Program)
(the Agreement); and
WHEREAS, the Agreement provided for the Consultant to manage the activities of other City
consultants with the planning, design, bid, award and construction of approximately $140 million
streetscape / landscape / utility improvements projects within the City's thirteen neighborhoods; and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $13, 138,884 and for
a duration of 5.75 years (through Fiscal Year 2006); and
WHEREAS, through extensive planning and design efforts completed to date, the Program
has increased in total value from approximately $140 million to $320 million; and
WHEREAS, the current $320 million Program value represents a one hundred and thirty
percent (130%) increase to that represented in the Agreement, and requires an extension of the
Program implementation schedule from Fiscal Year 2006, through Fiscal Year 2012; and
WHEREAS, the attached Amendment NO.1 to the Agreement provides for extension of the
Consultant's services to continue to provide necessary Program services as detailed in the original
Agreement scope of services and as amended herein (Schedule A-1); and
WHEREAS, Amendment No.1, in the amount of $16,683,153, includes a credit to the City of
$2,709,000 in unexpended funds from the original Agreement, primarily due to the transfer of resident
project representative duties from the Agreement to the City's individual Design Professionals on the
Program; and
WHEREAS, the CITY's Capital Improvement Projects (CIP) Office, would recommend that the
Mayor and City Commission approve and authorize the Mayor and City Clerk to execute the following
Amendment No.1.
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 approve and authorize the Mayor and City Clerk to execute the attached
Amendment NO.1 to the Agreement between the City and Hazen & Sawyer, P. C., in the
amount of $16,683, 153, extending the term of the Agreement from the current termination date
of September, 2006, to a new termination date of September, 2012, to provide Program
Management Services in accordance with the existing Agreement, as amended herein.
PASSED and ADOPTED this 11 th
f;f;;A J' p U ~
City Clerk - Robert Parcher
MayorT:\AGENDA\2006\apr11 06\Regular\H&SAmendmentNo1 Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ty om < DIU
COMMISSION ITEM SUMMARY
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 Amend. No. 1 To The Agreement Between The City And
Hazen & Sawyer, P.C., (H&S) In The Amount Of $16,683,153, Extending The Term Of The Agreement
From The Current Term ination Date Of September 2006, To A New Termination Date Of September 2012.
Ke Intended Outcome Su orted:
To insure well desi ned ualit ro'ects.
Issue:
I Should the City Commission extend the Agreement with Hazen & Sawyer for Program Management?
Item Summary/Recommendation:
On November 2, 1999, the voters of Miami Beach approved a General Obligation Bond, in the amount of
$92 million, for public improvements, of which $58 million were to be used for capital right-of-way projects.
Additional funding was provided from Revenue Bonds and from South Pointe TIF Funds for a total of +/-
$140 million for streetscape and infrastructure improvements. Due to the complexity of the program and
the size of many of the projects, it was determined that retaining an outside firm with the knowledge,
experience, and resources to manage the program was the best implementation approach. On October
18,2000, Resolution 2000-24140 was adopted authorizing the Administration to enter negotiations with
H&S. On January 31 , 2001, Resolution 2001-24247 was adopted approving execution of the Agreement
with H&S, in the amount of $13,138,884, over a period of six years. Services included planning, project
management, and construction observation, Resident Project Representation, among others. Over the
years, the program has grown significantly and the current value is estimated at $320 million. It has now
become necessary to re-examine the implementation of the program. This is especially necessary
because of the impending end of the Agreement with H&S. The Administration has been evaluating the
program from the needs perspective, the growth of the program, and also the performance of H&S in
assisting with the implementation. It is clear that the creation of the Capital Improvement Projects Office
has provided a better implementation approach but it is also clear that City staff is still limited in size and
that the program is better served by continuing the relationship with H&S with some modifications to the
tasks identified in the Agreement. The most significant change proposed is the elimination of the Resident
Project Representative task from H&S's Agreement and the transferring of these services to the individual
consultants involved in the projects. All other tasks and requirements of the existing Agreement will
remain in place without modification. H&S will continue to reside in a local office within the City and will
continue to provide all the management and support staff necessary for the performance of the Program
Manager's services. The amendment extends the program for another six years which is the current
expected time line for the completion of most of the projects in the program. The total value of the
amended Agreement before a credit, in the amount of $2,709,000, is $19,392,153, for an actual increase
of $16,683,153. This Agreement is subject to single-year appropriations, as approved in the annual
budget, the amount of which is determined by the level of service required to advance the projects.
Services will be rendered on an as needed basis and the total amount will be a not-to-exceed value. At
this point in time, no additional appropriations are necessary to fund the extension. Any services not
rendered or fees not expended will be returned to the City at the end of the extended Agreement. The
Administration recommends the extension for a period not to exceed six years from September, 2006 to
September, 2012.
Advisory Board Recommendation:
I
Financial Information:
Source of Amount Account Approved
Funds: 1
OBPI Total
Financial Impact Summary:
m
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6\apr1106\Regular\H&SAmendme
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AGENDA ITEM
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members ~f the Tty ,mmission
Jorge M. Gonzalez, City Manage~ I;t7t +~ ~
April 11 ,2006
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 AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY AND HAZEN & SAWYER, P .C., IN THE AMOUNT OF
$16,683,153, EXTENDING THE TERM OF THE AGREEMENT FROM THE
CURRENT TERMINATION DATE OF SEPTEMBER, 2006, TO A NEW
TERMINATION DATE OF SEPTEMBER, 2012, TO PROVIDE PROGRAM
MANAGEMENT SERVICES IN ACCORDANCE WITH THE EXISTING
AGREEMENT, AS AMENDED HEREIN.
ADMINISTRATION RECOMMENDATION
TO:
DATE:
SUBJECT:
Adopt the Resolution.
FUNDING:
At this time no additional appropriations are required to fund the extension to the Agreement.
ANALYSIS
On November 2, 1999, the voters of Miami Beach approved a General Obligation Bond, in
the amount of $92 million, for public improvements, of which $58 million were to be used for
capital right-of-way projects. Additional funding was provided from Storm Water and Water
and Sewer Revenue Bonds and from South Pointe Tax Increment Financing Funds for a
combined total of approximately $140 million for streetscape and infrastructure improvement
projects. Other improvements for Parks and facilities were to be managed independently of
the Capital Improvement Program. The program was expected to have duration of six years.
Due to the complexity of the program, the size of many of the projects, the impact the
construction would have on the City and its residents, and the limited internal resources of
the City, it was determined at the time that retaining an outside firm with the knowledge,
experience, and resources to embark in such a complex and extensive task was the best
implementation approach for the program.
After an extensive period of planning, evaluation, and research on qualifications, the firm of
Hazen & Sawyer (H&S) was ultimately recommended by the Administration to the City
Commission as the best suited to assist City staff in the management of the program. On
October 18, 2000, Resolution 2000-24140 was adopted authorizing the Administration to
enter negotiations with H&S. On January 31,2001, Resolution 2001-24247, was adopted
City Commission Memorandum - Hazen & Sawyer Agreement
Apri/11, 2006
Page 2 0'4
approving execution of an Agreement with H&S for professional program management
services, in the amount of $13,138,884, over a period of six years. Services included
planning, project management, construction observation, Resident Project Representation,
maintenance of a program Web-page, and Community Information, among others.
At the time, fourteen separate neighborhoods were identified where projects would be
implemented and twenty-six projects were included within the neighborhoods. The contract
value also included rental of a local office within City limits and administrative and support
staff and services. H&S would retain the necessary staff for the performance of the services
and the fees in the Agreement were based on the allocation of manpower to the required
tasks and on hourly costs based on market rates at the time.
Over the years of implementation, the program has grown significantly. The current value of
the program is estimated at $320 million. The growth has been due to community input on
the improvements; additional scope identified by different sources, primarily in the utility
infrastructure areas; inflation factors due to the length of the program; and additional
consultant services due to time and to address the added scope. Construction of three of
the identified projects is complete. Planning for all of the identified projects except one has
now been completed. Design of twenty-three of the identified projects is in progress with
many reaching completion. Eight of the identified projects are expected to be in construction
in 2006.
Especially the planning phase of the projects has been very extensive due to the
Administration and the City Commission's decision to seek input from the residents as to the
extent and content of the improvements in their neighborhood. The seeking of a reasonable
consensus from residents has sometime proven to be difficult and in many instances has
necessitated several community meetings to be achieved. Identifying additional scope and
needs has also produced delays in the planning and/or design of the projects and has
impacted the length of the program. These scope adjustments, however, have been
appropriate and necessary and will eventually enhance the quality of the program and the
results for the residents will be improved.
Because of the facts discussed above, it has now become necessary to re-examine the
implementation of the program. This is especially necessary because of the impending end
of the Agreement with H&S. The Administration has been evaluating the program from the
needs perspective, the growth of the program, and also the performance of H&S in assisting
with the implementation. It is clear that the creation of the Capital Improvement Projects
Office has provided a better implementation approach and has enhanced the liaison
between City staff and the Program Manager. But it is also clear that City staff is still limited
in size and that the program is better served by continuing the relationship with H&S with
some modifications to the tasks identified in the Agreement.
The most significant change that is being proposed is the elimination ofthe Resident Project
Representative task from H&S's Agreement and the transferring of these services to the
individual consultants involved in the different projects. Traditionally, this service is offered
by the consultants of record and after internal discussions and evaluations, City staff and
H&S have agreed that the present approach should be modified and that the task and
obligation for the project's observation should be given to the consultants who are
responsible for the design and for the implementation of the design. H&S will maintain the
services of three Resident Construction Monitors who will observe the activities of the
individual consultants' representatives to insure that the interests of the City are served.
City Commission Memorandum - Hazen & Sawyer Agreement
Apri/11, 2006
Page 3 0'4
Individual amendments to the Agreements with the consultants for the Resident Project
Representatives will be negotiated with each consultant once the amendment with H&S is
approved. Each amendment will be negotiated on the basis of project complexity and
project length in order to obtain the best and lowest fee for the most effective and efficient
service.
Other tasks in the Agreement have had minor modifications and some minor tasks have
been added such as assisting the City with the implementation of E-builder, an industry wide
electronic application for communications and record keeping between consultants,
contractors, City staff and H&S. This application, which is already being partially
implemented this year, will allow for more efficient and productive communication between
all parties and will, once fully in place, enhance record keeping and possibly reduce projects'
time.
All other tasks and requirements of the existing Agreement will remain in place without
modification. H&S will continue to reside in a local office within the City and will continue to
provide all the management and support staff necessary for the performance of the Program
Manager's services. The amendment extends the program for another six years which is the
current expected time line for the completion of most of the projects in the program.
Attached are the Amendment spreadsheets detailing the proposed staffing approach to the
management of the projects, and spreadsheets detailing the costs of the extended program
relative to the staff requirements and the tasks involved in the Agreement. The attachments
also present a credit for services not rendered by H&S, in the amount of $2,709,000, due to
delays in the program implementation and the elimination of most of the Resident Project
Representatives activities. The total value of the amended Agreement before the credit is
$19,392,153.
Approximately $48-Million are required to cover the professional services needed to deliver
the City's current Capital Improvement Program through the year 2012. This amount is
approximately equally divided between the Right-of-Way (ROW) Program Management
Consultant, AlE Consultants, and the CIP Office. It was recently reported to the City
Commission that projected available funding for professional services would last until 201 0,
with a shortfall of approximately $18-Million for the last two years. The anticipated funding
includes issuance of additional Water and Sewer and Stormwater bonds in 2007/2008. A
nettotal of $16,683,153 will be required to extend the existing ROW Program Management
Agreement with Hazen & Sawyer through the year 2012.
The Agreement is subject to single-year appropriations, as approved in the annual budget
each year, the amount of which is determined by the level of service required to advance the
projects. At this point, no additional appropriations are necessary to fund the extension to
the Agreement.
The total fee for the complete program duration of twelve years represents 9.3% of the total
construction value of $320 million which is well within industry standards for these types of
programs. Other municipalities are investing up to +/-15% for similar services on similarly
sized programs. The total additional soft cost to the program, including Program Manager
services, AlE services, and the extension for the CIP Office represents approximately 22%
of construction costs which is still within industry standards. A portion of the CIP office is
allocated to the management of other projects not part of the H&S Right of Way program.
Services will be rendered on an as needed basis and the total amount will be a not to
exceed value. Any services not rendered or fees not expended will be returned to the City at
City Commission Memorandum - Hazen & Sawyer Agreement
Apri/11, 2006
Page 40'4
the end of the extended Agreement unless the City decides to extend the services of H&S
again. At that time a new amendment would have to be evaluated and negotiated.
CONCLUSION
Based on the needs of the program and the quality and value of the services rendered by
Hazen & Sawyer, P .C. under their current Agreement, the Administration recommends the
extension of the Agreement for a period not to exceed six years from September, 2006 to
September, 2012, in the amount of $16,683,153, after the consideration of the credit for
services not rendered.
Attachments
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