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2000-23960 RESO RESOLUTION NO. 2000-23960 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE AN AMENDMENT, IN T,HE AMOUNT OF $44,000, TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC., IN ORDER TO PROVIDE FOR COMPLETION OF CONSTRUCTION DRAWINGS AND PERMITTING OF THE 17TH AND 18TH STREET STREET-END IMPROVEMENTS AS WELL AS TO PROVIDE FOR CONSTRUCTION MANAGEMENT SERVICES IN CONNECTION WITH THE STREET-END IMPROVEMENTS AND THE BEACHW ALK PROJECT; AND APPROPRIATING $44,000 FROM AVAILABLE SERIES 1996B TAX INCREMENT REVENUE BOND FUNDS FOR SAID PURPOSE. WHEREAS, on July 11,1996, the Mayor and City Commission approved Resolution No. 96-22069, authorizing the Mayor and City Commission to execute an Agreement between the City and Coastal Systems International, Inc., providing for architectural/engineering services for the proposed pedestrian beachwalk from 21st Street to Lummus Park (Beachwalk Project); and WHEREAS, on July 15, 1998, the City Commission approved an amendment to Coastal System's contract, in the amount of$150,000, for additional work required to complete the design and permit the beachwalk; undertake conceptual drawings and cost estimates for the extension of the 17th & 18th Street street-ends; provide for construction management of the Beachwalk Project; and coverage for the estimated costs associated with an administrative hearing and ensuing litigation concerning the Beachwalk Project; and WHEREAS, at the time Coastal System's contract was amended, the amount requested was based upon the actual amount of additional scope performed, a determination of the remaining scope to be completed, and an estimate ofthe consultant's involvement in the administrative hearing and ensuing litigation concerning the Beachwalk Project; and WHEREAS, subsequent to Coastal Systems completing the design drawings for the 17th and 18th Street street-end improvements, the plans have been subjected to significant re-design, based upon a number of complex and unforeseen circumstances; and WHEREAS,the City's Public Works Department has asked Coastal Systems to expand its scope to incorporate sanitary and water main design, which was not part of the original contract scope; and WHEREAS,Coastal Systems has had to pursue a separate coastal construction permit from the Beachwalk Project for the street-end project from the State of Florida, Department of Environmental Protection; and WHEREAS, due to the extensive amount of Coastal System's involvement in the beachwa1k litigation, coupled with the amount of additional work involved in the final design and permitting of the street-ends, the Consultant has eaten into its budget for the construction management phase of the street-end and Beachwa1k Projects. WHEREAS, the Administration is recommending a second and final amendment to Coastal System's contract, in the amount of $44,000, to allow for completion of the 17th and 18th Street street-end improvements, and, subject to resolution of the legal issues, completion of the Beachwa1k Project as well. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor an City Clerk are hereby authorized to approve an Amendment, in the amount of $44,000, to the Professional Services Agreement with Coastal Systems International, Inc., in order to provide for completion of the construction drawings and permitting of the 17th and 18th Street street-end improvements, as well as to provide for construction management services in connection with the street-end improvements and the Beachwa1k Project; and appropriating $44,000 from available Series 96B Tax Increment Revenue Bond Funds for this purpose. PASSED AND ADOPTED THIS 7th day of June ,2000 tJ1 Mayor ATTEST: If,fLUJd f UA- C&l.. City Clerk LAL/CMC/kob APPROVED p.s TO FORM & LANGUAGE & FOR EXECUTION T: \AGENDA 12000VUN0700lREGULAR ICOASTCM. RES jjj W/,lf. b ~,111(r/ -4f~i~ 5;;,. CIl ::R ::R ?f<. ::R ::R ::R ::R ::R ~ 0 0 0 0 0 0 0 CI S ('I) Ol LO ..- ('I) I"- ..- C'! 0 .l!I oj N <0 ..t cxi Il'i N c:i c 0 ~ ..- ..- 0 CIl ~ ..- ~ '0 CIl ll.. 0 0 0 0 0 0 0 0 0 " 0 0 0 0 0 0 0 0 0 CIl N LO 0 0 ..-- LO LO 0 CO ~ ri ri N ci ~ r-: ci cD ..; ~ co <') N I"- ;; ~ en a. ti N ~ ~ ~ ~ ~ E! 0 ~ CI ll.. " 0 ::a :s in CIl lD 1/1 '> (1 0 0 0 0 0 0 0 0 0 iO 0 ~ 0 ~ 0 0 0 ~ 0 c S ,... 0 ..-. It) It) CO 0 CIl ~ ..; ... vi N ..; +:l is. ~ N ..- ~ ~ '6 ~ ~ ~ " E c( 0 0 U ~ " .9 S u - CIl 1/1 '0' 0 .. U ll.. 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 ~ 0 0 0 I"- 0 ..- 0 0 N CIl ~ ci ..- N cD vi ... 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Gl q> 't:: >: lD CI ::J CiS ~ :;::: Ql 0 c: ::J l!! :S c: 0 0 0 :S ~ cd CiS !/) :;::: " e! -" 'li) 01 .s:: c: 'li) -" iO c: iX5 .! iO "c .~ 'c ~ ~ "E ..- Gl 'E .s:: Gl cd l!! .s:: (,,) J: (,,) ca !/) " .s:: CiS ~ ca Gl 01 c( Gl ;::: Gl lD .5 c: .2: - c: [0 3l 0 ~ 0 0 - 01 'fl - 01 'fl 0 c: :i: 'li) 0 c: c: ~ .!:! 2 'c c: E 2 C; 01 E 'li) 'E 01 .~ 'li) 'iij :c c: 'iij c: ... Gl Gl ::J 0 ~ ~ Gl 0 r:. c a. a. u a. U CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\cl.mlaml-beach.n.ua TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 9-- II -00 Mayor Neisen O. Kasdin and DATE: June 7,2000 Members of the City Commission Utwrence A. ~v~.jJ.- ~ City Manage~- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE , CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE AN AMENDM;ENT IN THE AMOUNT OF $44,000 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC., IN ORDER TO PROVIDE FOR COMPLETION OF CONSTRUCTION DRAWINGS AND PERMITTING OF THE 17TH AND 18TH STREET STREET-END IMPROVEMENTS AS WELL AS TO PROVIDE FOR CONSTRUCTION MANAGEMENT SERVICES IN CONNECTION WITH THE STREET-END IMPROVEMENTS AND THE BEACHWALK PROJECT; AND, APPROPRIATING $44,000 FROM AVAILABLE SERIES 1996B TAX INCREMENT REVENUE BOND FUNDS FOR SAID PURPOSE. ADMINISTRA TION RECOMMENDATION Adopt the Resolution. ANALYSIS: On July 17, 1996, the City Commission and the Redevelopment Agency adopted a joint Resolution, authorizing the Administration to enter into a professional services contract with Coastal Systems International, a multi-disciplined engineering firm, specializing in coastal permitting and construction, to develop design plans for an extension of the beachwalk between 21st Street (where the existing wooden boardwalk ends) and Lummus Park. To date, the consultants have completed permit/construction drawings and specifications for the project, as well as a report describing the scope of the project, the physical/environmental considerations pertaining to the proposed layout and composition of the beachwalk, and construction cost estimates associated with building the project. Copies of the consultant's report and plans for the proposed beachwalk were provided to the City Commission at their meeting of September 24, 1997. AGENDA ITEM ~ l 6 DATE b -i-C5J T:\AGENDA\2000IJUN0700IREGULARICOASTCM.MEM June 7, 2000 Commission Memorandum Coastal Systems International, Inc. Page 2 The proposed project, which is unprecedented in the State of Florida, has been well received by the State of Florida's Department of Environmental Protection (DEP) and Miami-Dade County's Department of Environmental and Resource Management (DERM), as well as affected beachfront property owners along the proposed route, who provided extensive input into the design of the project. On March 25, 1998, the Department of Environmental Protection approved the permit for the project pending a fourteen-day public noticing period, during which time any person(s) whose interests were affected by the State's intent to issue the permit could file a request for an Administrative Hearing in accordance with Section 120.569 and 120.57 of the Florida Statutes. The owners ofthe Richmond Hotel, who have opposed the project from its inception, filed for such a hearing on grounds that it would adversely impact their property due to increased pedestrian traffic, affect accessibility to the beach from their property and have a negative impact on the environment. Even though the Administrative Hearing Judge has twice ruled in the City's favor, the Richmond has appealed the decision to the 11th District Court, which has delayed the project from proceeding. A decision by the 11 th District Court is expected within the next sixty days. At the time plans were being developed for the beachwalk, the hotel owners/operators along Collins Avenue asked the City to address the extension of the 17th and 18th Street street-ends, which had originally been contemplated for construction in The Convention Center Expansion Authority (TCCEA) budget. The current layout of the two street-ends poses severe limitations for traffic circulation and parking, particularly as it relates to the operations of the Delano, the Ritz Plaza, the Shelbome and the Raleigh Hotels. The importance of access points and addressing traffic circulation and parking concerns on 17th and 18th Streets was strongly emphasized by the hotel operators. Coastal Systems scope was subsequently expanded to develop conceptual plans and cost estimates for the extension of 17th and 18th Streets, seaward to the ECL. The total budget for the Beachwalk project was $3,000,000, funded through the 1996B Series TIF Bonds. The original contract for Coastal Systems was negotiated at $300,000, or 10 percent of the $3,000,000 budget allocated towards the Beachwalk project. Since a project of this nature had never been successfully tested before in the State of Florida, neither the Administration nor Coastal Systems were able to anticipate some ofthe complex issues and unforeseen circumstances that arose, contributing to the project's delay and increased scope of work. Addressing these issues required a significant amount of additional work by Coastal Systems, significantly exceeding the scope of their contract and adding incremental costs. On July 15, 1998, the City Commission approved an amendment to Coastal System's contract in the amount of $150,000, to compensate for the additional scope of work performed as well as to provide for completion of the beachwalk permitting process, preparation and permitting of the 17th & 18th Street-end construction drawings, construction management of the project and coverage for the estimated costs associated with the Administrative Hearing and subsequent litigation. Subsequent to Coastal Systems completing the design drawings for the 17th and 18th Street-end improvements, the plans have been subjected to significant re-design, based upon a number of factors including, but not limited to, additional public input received in connection with FDOT's proposed improvements to Collins Avenue; coordination with FDOT to adapt changes in the Collins T:\AGENDA \2000VUN0700\REGULAR\COASTCM. MEM June 7, 2000 Commission Memorandum Coastal Systems International, Inc. Page 3 Avenue plans with the design for the street-end improvements; accommodating certain encroachments into the City's right-of-way on 18th Street; addressing a recent announcement by the Ritz Plaza that will undertake major renovations, which will affect the design of the north side of 17th Street; and, the proposed relocation of the 17th Street bathroom. This latter issue has resulted in Coastal Systems having to provide assistance to the City's Property Management Division to secure a Certificate of Appropriateness to demolish the bathroom. In response to the Historic Preservation/Design Review Boards' request, Coastal Systems was asked to prepare color board- mounted renderings and site plans reflecting the future location of a new bathroom facility for presentation at their next meeting. The Public Works Department has also asked Coastal Systems to expand their scope to incorporate sanitary and water main design, which was not part of their original scope. It should also be noted that the original street-end design, prior to the changes listed above, was permitted under the original beachwalk permit in March, 1998. In an effort to expedite construction, DEP was asked to allow construction to proceed under the original permit. In light of the pending litigation, DEP indicated in writing that construction could proceed, but at the City's risk. Subsequently, DEP's attorneys have requested a "Letter of No Objection" from the Richmond Hotel, (the plaintiffs), which is unlikely at this time. As such, Coastal Systems has had to pursue a separate permit from the State of Florida for the street-end improvements. At the time the Coastal System's contract was amended, the amount requested was based upon the actual amount of additional scope performed, a determination of the remaining scope to be completed and an estimate of the consultant's involvement in the Administrative Hearing and ensuing litigation concerning the beachwalk project. Due to the extensive amount of Coastal System's involvement in the beachwalk litigation, coupled with the amount of additional work involved in the final design and permitting of the street-ends, the Consultant has eaten into its budget for the construction management phase of the street-end and beachwalk projects. As such, the Administration is recommending a second and final amendment to Coastal System's contract, in the amount of $44,000, to allow for completion of the 17th and 18th Street-end improvements, and, subject to resolution of the legal issues, completion of the beachwalk project as well. An analysis of Coastal Systems budget has been included with this memorandum, which reflects expenditures to date and the projected cost to complete the projects. LAL:C~kr T \AGENDA \2000\JUN0700\REGU LA R \COASTCM. MEM Attachments