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RESOLUTION NO. 2006-26315
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE RELATED GROUP OF FLORIDA - ALASKA I, L TD (TRG) TO
PERFORM EARLY WORKS AND INITIAL PHASES OF
CONSTRUCTION UNDER THE DIRECTION OF THE CITY MANAGER
FOR THE SOUTH POINTE PARK IMPROVEMENTS PROJECT (THE
PROJECT), PURSUANT TO RESOLUTION NO. 2005-25978 AND
SECTION 6 OF THE SETTLEMENT AGREEMENT BETWEEN THE
CITY AND TRG FOR THE ALASKA PARCEL, DATED JULY 28,2004;
AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE THE
CONSTRUCTION COSTS SUBMITTED PURSUANT TO THESE
ACTIVITIES, IN AN AMOUNT NOT TO EXCEED $1,000,000.
WHEREAS, on July 28, 2004, the City reached a settlement on the long standing
Alaska Parcel land use litigation and as part of the Settlement Agreement, the Developer,
the Related Group of Florida - Alaska I, L TO (TRG), is obligated to perform certain
improvements to South Pointe Park, at cost, without overhead, if the City notified the
Developer of its concept plan by July 28,2005; and
WHEREAS, construction by TRG at its cost represents a projected substantial cost
and time savings to the City; and
WHEREAS, on January 12, 2005, the City Commission authorized the execution of
a Professional Services Agreement with Hargreaves Associates, Inc. (Hargreaves) for the
planning of the South Pointe Park Improvements (the Project); and
WHEREAS, on July 27, 2005, the City Commission approved the Basis of Design
Report (BOOR) for the Project; approved the exercise of the option in the Alaska Parcel
Settlement Agreement to have TRG complete the design and construction of the Project at
cost; and approved the appropriation of $14,130,000 to fund the Project; and
WHEREAS, in addition to the approval of the BOOR, the Administration sought
authorization from the Mayor and City Commission to enter into negotiations with TRG for
the completion of the design and the construction of the Project, as stipulated in the
Settlement Agreement; and
WHEREAS, the Administration also presented to the Mayor and City Commission
the Administration's intent to enter into negotiations that would retain involvement by
Hargreaves in the continuing design development and construction of the Project; and
WHEREAS, the City, TRG, and Hargreaves have agreed to continue participating in
the Project as a team to address issues; and
WHEREAS, the intent is for TRG to retain a contractor to provide construction
services; and
WHEREAS, the City will maintain oversight of the Project throughout; and
WHEREAS, due to the Project's aggressive schedule, early works and possibly
initial phases of construction are scheduled to commence prior to executing a final
agreement between the City and TRG for the Project; and
WHEREAS, in the interim, the Administration seeks authorization to TRG to perform
early works and initial phases of construction; and
WHEREAS, the Administration seeks authorization to negotiate the construction
costs submitted by TRG pursuant to these activities,
NOW, THEREFORE, BE IT 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 Related Group of Florida - Alaska I, L TO
(TRG), under the direction of the City Manager, to perform early works construction for the
South Pointe Park Improvements (the Project), pursuant to Resolution No. 2005-25978
and Section 6 of the Settlement Agreement between the City and TRG for the Alaska
Parcel, dated July 28, 2004; and authorize the City Administration to negotiate the
construction costs submitted pursuant to these activities, up to an amount not to exceed
$1,000,000.
PASSED and ADOPTED this 6th day of
David Dermer
ATTEST:
1fLw;r PCU~
CITY CLERK .
Robert Parcher
(T:\AGENDA \2006\sep0606\Regular\South Pointe Park,RESO .09.06.06.REV.do
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving and authorizing the Related Group of Florida - Alaska I, L TO (TRG) to perform early works and
initial phases of construction under the direction of the City Manager for the South Pointe Park Improvements (the
Project), pursuant to Resolution No. 2005-25978 and Section 6 of the Settlement Agreement between the City and
TRG for the Alaska Parcel, dated July 28, 2004; authorizing the City Administration to negotiate the construction
costs submitted oursuant to these activities, in the estimated amount of $1,000,000.
Ke Intended Outcome Su orted:
To Ensure well designed quality Capital Projects
Issue:
Shall the City authorize TRG to proceed with early works and initial phases of construction pending an
A reement?
Item Summa IRecommendation:
On July 28,2004, the City reached a settlement on the Alaska Parcel land use litigation. On January 12, 2005, the
City Commission authorized the execution of an Agreement between the City of Miami Beach and Hargreaves
Associates (Hargreaves) for the Planning Phase ofthe Project. On July 27, 2005, The Mayor and City Commission
approved the Basis of Design Report (BODR), approved the exercise of the option in the Alaska Parcel Settlement
Agreement to have TRG complete the design and construction of the Project, at cost, as stated in the Alaska Parcel
Settlement Agreement, and approved the appropriation of $14,130,000 to fund the Project. In addition to the
approval of the BOOR, the Administration sought authorization from the Mayor and City Commission to enter into
negotiations with TRG for the completion of the design and the construction of the Project as stipulated in the
Settlement Agreement, and presented to the Mayor and City Commission the Administration's intent to enter into
negotiations that would retain involvement by Hargreaves in the continuing design development and construction of
the Project. TRG will retain a contractor to provide construction services and the City will maintain oversight of the
Project throughout. Because of the Project's aggressive schedule, early works and possibly initial construction is
scheduled to commence prior to executing an Agreement between the City and TRG for the construction of the
Project, Therefore, in the interim, the Administration seeks authorization to TRG to perform early works and initial
hases of construction and ne otiate the construction costs submitted b TRG ursuant to these activities.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin :
Nury Menicucci, CIP Capital Projects Coordinator
Si
ity Manager
JMG
.COMM SUMM.09.06.06,REV.doc)
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MIAMI BEACH
AGENDA ITEM
DATE
RiG
f-j,-Clf:,
~ MIAMI BEACH
city of Miami Beach. 1700 Convention Center Drive. Miami Beach. Florida 33139. www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ or ()"
September 6, 2006 (J
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE RELATED
GROUP OF FLORIDA - ALASKA I, L TD (TRG) TO PERFORM EARLY WORKS
AND INITIAL PHASES OF CONSTRUCTION UNDER THE DIRECTION OF THE
CITY MANAGER FOR THE SOUTH POINTE PARK IMPROVEMENTS PROJECT
(THE PROJECT), PURSUANT TO RESOLUTION NO. 2005-25978 AND
SECTION 6 OF THE SETTLEMENT AGREEMENT BETWEEN THE CITY AND
TRG FOR THE ALASKA PARCEL, DATED JULY 28,2004; AUTHORIZING THE
CITY ADMINISTRATION TO NEGOTIATE THE CONSTRUCTION COSTS
SUBMITTED PURSUANT TO THESE ACTIVITIES, IN THE ESTIMATED
AMOUNT OF $1,000,000.
TO:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
The South Pointe Park Improvements project is funded from the South Pointe Capital
Projects Fund and Miami-Dade County General Obligation Bond Funds when made
available,
ANALYSIS
On July 28, 2004, the City reached a settlement on the Alaska Parcel land use litigation. As
part of the Settlement Agreement, the Developer, the Related Group of Florida (TRG), is
obligated to perform certain improvements to South Pointe Park, at cost, without overhead, if
the City notified the Developer of its concept plan by the latter of either July 28, 2005 or two
months after a Building permit was issued for the Apogee project, The City would be
responsible for reimbursing the Developer's cost. Construction by TRG at its cost
represents a projected substantial cost and time savings to the City,
On January 12, 2005, the City Commission authorized the execution of an Agreement
between the City and Hargreaves Associates (Hargreaves) for the Planning Phase of the
Project.
On July 27, 2005, the Basis of Design Report (BOOR) for the South Pointe Park was
presented to the City Commission for approval. The Mayor and City Commission approved
the Basis of Design Report (BOOR) as presented, approved the exercise of the option in the
Alaska Parcel Settlement Agreement to have the Developer complete the design and
construction of the Project, at cost, as stated in the Alaska Parcel Settlement Agreement,
and approved the appropriation of $14,130,000 to fund the Project (Resolution No. 2005-
City Commission Memorandum South Pointe Park
September 6, 2006
Page2of2
25978 attached - Exhibit B). In addition to the approval of the BODR, the Administration
sought authorization from the Mayor and City Commission to enter into negotiations with
TRG for the completion of the design and the construction of the Project, as stipulated in the
Settlement Agreement, and presented to the Mayor and City Commission the
Administration's intent to enter into negotiations that would retain involvement by Hargreaves
in the continuing design development and construction of the Project.
The intent is for TRG to construct the park in conjunction with the construction of their
Apogee Project. The City, TRG, and Hargreaves have agreed to continue participating in the
design, permitting and construction ofthe park project as a team and to address issues and
to establish the schedule with the contribution of all three parties, The Agreement with
Hargreaves takes into consideration a non-traditional approach to the construction of the
project due to TRG's involvement. TRG will retain a contractor to provide construction
services and the City will maintain oversight of the Project throughout.
Because of the Project's aggressive schedule, early works and possibly initial construction is
scheduled to commence prior to executing an Agreement between the City and TRG for the
construction of the Project. Therefore, in the interim, the Administration seeks authorization
to TRG to perform early works and initial phases of construction and negotiate the
construction costs submitted by TRG pursuant to these activities (Exhibit A).
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving and authorizing the Related Group of Florida - Alaska \, L TD (TRG) under the
direction of the City Manager to perform early works and initial phases of construction for the
South Pointe Park Improvements Project (the Project), pursuant to Resolution No. 2005-
25978 and Section 6 of the Settlement Agreement between the City and TRG for the Alaska
Parcel, dated July 28, 2004; authorizing the City Administration to negotiate the construction
costs submitted pursuant to these activities, in the estimated amount of $1,000,000,
Attachments
(T:\AGENDA\2006\sep0606\Regular\South Pointe Park.COMM MM,09.06.06.REV.doc)
Exhibit" A"
South Pointe Park Improvements Project (the Project)
Scope of Services I Early Works and Initial Phases of Construction
The Related Group of Florida - Alaska I, L TD (TRG) is obligated to perform certain
improvements to South Pointe Park, at cost, without overhead, pursuant to the Settlement
Agreement between the City and TRG for the Alaska Parcel, dated July 28, 2004. Pursuant to
same agreement, the City is responsible for reimbursing TRG's cost.
Because of the Project's aggressive schedule, early works and possibly initial phases of
construction is scheduled to commence prior to executing an Agreement between the City and
TRG for the construction of the Project pursuant to Resolution No. 2005-25978 and the above
referenced Settlement Agreement. Therefore, in the interim, the City is hereby authorizing TRG
to perform the following work as part of early works and initial phases of construction:
EARLY WORKS AND INITIAL PHASES OF CONSTRUCTION
Description
. Asbestos Removal (existing Pilot Bldg. at SPP)
. Assurance Report I Stormwater Discharge Well Permit
. Temporary fence for Ocean Rescue holding area
. Bellsouth re-route of existing line to S&W
. Demolition of existing City Buildings
. Displaced parking
. Temporary fence at South Pointe Park
. Construction sign(s)
. Sand purchase / trucking
. Initial clearing and grading
. Site preparation
. Relocation of landscape material
. Initial phases of underground utilities
. Early procurement of long lead items
. Contingency
Not to Exceed Amount: $ $1,000,000
Compensation
1. TRG's Application for Payment(s) / Invoice(s) pursuant to the above construction
activities are to be submitted to the City for payment monthly.
2. Application(s) Ilnvoice(s) are to indicate % of completion for each activity.
3. In no event shall the not to exceed amount stipulated in this Exhibit A be exceeded. Any
additional cost(s) shall be submitted to the City Commission independently or be
reflected in the final construction Agreement between the City and TRG, as applicable,
4, Any unused amounts shall be credited back to the City,
(T:\AGENDA \2006\sep0606\Regular\South Pointe Park.Exh.A.09.06.06,doc)
EXfJ'&lT 13
RESOLUTION NO. 2005-25978
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND OFFICIALLY
ADOPTING THE BASIS OF DESIGN REPORT (BODR) FOR THE
SOUTH POINTE PARK IMPROVEMENTS (THE PROJECT);
AUTHORIZING THE ADMINISTRATION TO EXERCISE THE OPTION,
AS STATED IN SECTION 6 OF THE SETTLEMENT AGREEMENT
BETWEEN THE CITY AND THE RELATED GROUP FOR THE ALASKA
PARCEL, DATED JULY 28,2004, TO DESIGN AND CONSTRUCT THE
PARK PROJECT; AND APPROPRIATING FUNDS, IN THE AMOUNT
OF $14,130,000, FROM THE SOUTH POINTE REDEVELOPMENT
AGENCY FOR THE COMPLETION OF THE DESIGN AND
CONSTRUCTION OF THE PROJECT, $5,000,000 OF WHICH WILL BE
REFUNDED BY MIAMI-DADE COUNTY GENERAL OBLIGATION
BOND FUNDS WHEN MADE AVAILABLE.
WHEREAS, in 1996, the City adopted a Parks Bond Master Plan that included
major improvements to South Pointe Park (the Park); and
WHEREAS, in 1997, the Mayor and City Commission approved a Resolution
authorizing the City to enter into an agreement with Bermello and Ajamil (B&A) for the
design of improvements to the Park (the B&A Agreement); and
WHEREAS, the City Commission authorized the issuance of (a new) RFQ NO. 16-
02103 for architecture and engineering services for the design of Park improvements; and
WHEREAS, at approximately the same time, the City's options for settling the long
standing land use litigation related to the Alaska Parcel expanded to include the possible
addition of approximately two acres to the Park; and
WHEREAS, on July 28, 2004, the City reached a settlement on the long standing
Alaska Parcel land use litigation and as part of the settlement agreement, the developer is
obligated to perform the improvements to the Park, at cost, without overhead, if the City
notifies the developer of its concept plan by July 28,2005; and
WHEREAS, if the notification timeline is not met, the City would need to bid and
build the Park according to its standard procedures; and
WHEREAS, construction by the developer at its cost represents a projected
substantial cost and time savings to the City; and
WHEREAS, on September 8, 2004, the City Commission authorized the issuance of
RFQ No. 39-03/04 which included a revised scope of services which addressed the land
being added and related issues; and
WHEREAS, on January 12, 2005, the City Commission authorized the execution of
a Professional Services Agreement with Hargreaves Associates, Inc. (Hargreaves) limited
to the planning of South Pointe Park improvements (the Project); and
Agenda Item~
Date 7"27-os-