2000-23991 RESO
RESOLUTION NO.
2000-23991
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING ISSUANCE OF FINAL
PAYMENT FOR S. I. NICHOLAS, INC., IN THE AMOUNT OF $100,668,
FOR THE NORTH SHORE COMMUNITY AREA IMPROVEMENTS.
WHEREAS, on December 5, 1990, the Mayor and City Commission approved an Agreement with
the firm of Kim ley Horn and Associates, Inc. (KH) for architectural and engineering services for the North
Shore Community Area Improvements Phase I (the Project); and
WHEREAS, on November 4, 1992, the Mayor and City Commission approved a further agreement
with KH for Phase II (Final Design) of the Project; and
WHEREAS, on July 12, 1995, the Mayor and City Commission approved the construction contract
with S. I. Nicholas Inc. (SIN) for the Project; and
WHEREAS, the Project was inspected and approved by stages, depending on the areas finished by
SIN, and found to be substantially complete on December 3, 1999; and
WHEREAS, due to varied circumstances, the construction period extended beyond the original
projection and lasted over four years; and
WHEREAS, the City is now ready to make final payment to SIN, in the amount of $100,668; and
WHEREAS, pursuant to the Mayor and City Commission's recommendation at the May 24, 2000
meeting, the check to SIN cannot be issued without the City Commission's approval and not before all pending
work is completed; and
WHEREAS, SIN has now completed the pending punch list items and the City is in process of
correcting some pending maintenance items.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve issuance
of final payment for S. I. Nicholas, Inc., in the amount of$100,668; for the North Shore Community Area
Improvements.
PASSED AND ADOPTED THIS
12th
day of
ir:y::'
A~} r~
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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City of Miami Beach MEMORANDUM
PUBLIC WORKS DEPARTMENT
m
TO:
File
FROM:
July 5, 2000
DATE:
SUBJECT:
NorthshoreIrnprovernents
After discussions with Commissioner Smith on the matter of the subject contract closeout, the
following is a summary of actions to be taken and the process which will be followed.
1. The comments list generated by Donald Shockey from North Beach Development (see
attached) was reviewed by the project inspector to ascertain compliance with contract requirements
and to confirm final inspections and warranty dates. A response to each item on the list is attached
to this memorandum.
2. Vila & Son, the landscape subcontractor, and S. I. Nicholas were given a copy of the list and
asked to respond on the items the Public Works Department determined were their responsibility.
Vila & Son has responded on the items they agreed was their responsibility and the answer has been
reviewed by myself. (See attached)
3. Vila & Son has agreed in their response to replace three palms which are part of the extended
warranty agreement and to fertilize, one time, all other palms identified as deficient. This approach
has now been accepted and they have been directed to proceed with the work immediately. They
have set Friday June 30, 2000 to begin the work and expect to finish it in one day. The Public
Works Department will verifY the performance ofthe agreed upon work.
4. The Parks and Recreation Department will be informed, by means of the Donald Shockey
list and this memorandum, of the items which are considered part of regular maintenance so that this
work can be performed as expeditiously as possible.
5. Commissioner Smith requests that all corrections, both the contractual as well as the
maintenance items, be completed as soon as possible so that the project can be considered finalized
and the area is brought up to the results expected at the end of the project. Public Works will assist
the Parks and Recreation Department in completing the items on the list. A list with the results of
the maintenance corrections should be issued to the Public Works Department.
5. A Commission Memorandum and Resolution will be placed on the July 12,2000 agenda to
obtain approval to issue the final payment to S. I. Nicholas. The payment will not be issued unless
the following conditions are met. The Public Works Department will handle.
a. S. I. Nicholas provides a Certified Cashier's check for the amount of $29,202.18 which
is owed the City for work performed on behalf of the contractor.
b. S. I. Nicholas will bring checks for the amounts owed Vila & Son and Hypower, Inc. and
deliver them prior to the City delivering the final payment.
c. S. I. Nicholas will provide a final Consent of Surety for the project prior to the City
delivering the final payment.
d. Vila & Son and Hypower, Inc. will provide final Releases of Lien prior to the City issuing
final payment and after S. I. Nicholas delivers their final payment checks.
All ofthe items mentioned in paragraph No.5 will be completed at a final meeting at the
Public Works Department with all parties involved.
This memorandum is being distributed to all concerned parties and to the contractor.
c: Commissioner Jose Smith
Matthew Schwartz, Assistant City Manager
Robert Dixon, Deputy City Attorney
Kevin Smith, Parks and Recreation Director
Michael Alvarez, Assistant Public Works Director
Ricardo Mendez, Assistant Public Works Director
John Kranick, Engineering Assistant III
Sam Nicholas, S. I. Nicholas, Inc.
Donald Shockey, North Beach Development Corporation
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North Shore Streetscape Improvement Project
. General Notes
This list is based on a May 2000 walkthrough of the !'lroject. For some items, It
cannot be determined if the condition they are in can be attributed to ~he
contractor or results from a lack of maintenance.
Finish on decorative light poles throughout the project is fading and pitting. This
issue must be addressed even if in the end it is oniy some kind of credit frcm ~he
manufacturer. The options ne~d to be reviewed and some action taken.
Punch List Items
6423 Collins - two royal palm tree grates in front of Mar Del Plata condominium
cracked, one filled in with concrete and bricks
6490 Collins -three royal palms planted in easement not to spec. -
6400 block of Collins - easem,~nt plantings south of Belle Horizonte
condominium never installed -
6500 Collins beach portal - plants and soil missing from arbor coiumn bases
6876 Collins - reyal palm missing from tree well
6954 Collins - tree grate missing, exposed irrigation hose spraying sidewalk
6900 Collins beach portal - no plants in holes of arbor coiumn bases, exposed
irrigation hose, sand wall covered with graffiti
7100 Collins beach portal - exposed irrigation hose, plants missing from arbor
column bases
7301 Coilins - eXDosec irrigation hcse in planter
731 S Collins - ciseased, sub $.pec. royal palm, irrigation fiooding into s:ree:
7331 COllins - diseased sub SIJec. tree, cracked planter copi:'1g
7316 Coilins - ex;::csed irrigation hose, sub spec. tree
7308 Collins - suo spec tree
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7345 Collins - diseased sub spec. tree
7337 Collins - diseased sub spec. tree, exposed irrigation hose
1000715151. - pavers missing at manhole in sidewalk
Normandy Fountain - concrete poured :'1 tree wells visible, should have been
chipped out
Corner of 71 sf 51. and Rue Versailles - sunken pavers in sidewalk
969 Normandy Drive - pavers at curb and at supermarket entrance sunk down
several inches
913 Normandy Drive - tree wlOll coping cracl:ed
Maintenance Items
6300 Collins, Lombard Inn - pianter irrigation flooding and pouring onto street
and gutter
6500 Collins - planter in front of Blockbuster plaza has sand piled a foot high
6400 Collins - planter irrigetion to left of Bello Horizonte driveway leaking into
gutter
7100 Collins - planter at NW corner has exposed irrigation hose and dead plant
material
7122 Collins - exposed irrigation hose in planter
7220 Collins - west side of whole block, 4 dead latania palms sawed off at
9fOund level: arnomd cover d..,,~ "",r' missing, grass filled with weeds
7326 CollinS - leakir,g irrigation pipe
7474 Collins - flooding exposE!d irrigation hose
7451 Collins - flooding exposed irrigation hose
7361 Collins - flooding exposEid irr:gation hose
nrd street _ north side of block between Harding and Collins, tree well coping
missing and cracked
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410 71 5t street - tree well coping rising above sidewalk, tripping hazard
71&t street and Byron - tree well coping in front of 7101 Byron condominium rises
. above sidewalk
7151 St. Byron Carlyle Theatre - coping :n tree wells to left and i1ght of theatre
entrance pushed above. sidewalk
City of Miami Beach MEMORANDUM
PUBLIC WORKS DEPARTMENT
m
TO:
File ~d
Jorge E. Chartr~
June 29, 2000
FROM:
DATE:
SUBJECT:
Northshore Improvements
Following are responses and comments on the items raised by Mr. Donald Shockey on the subject
project. The numbers used are those used in his list.
Punch List Items
6423 Collins - City maintenance responsibility. Public Works to address.
6490 Collins - Vila & Son will replace palm trees as part of the extended warranty agreement.
6400 block of Collins - No easement has been established in this area.
6500 Collins beach portal - City maintenance responsibility. Parks and Recreation to handle.
6876 Collins - Tree was installed but is now missing. Reason unknown. City may have to replace.
6954 Collins - Tree grate missing. City maintenance. Public Works to handle.
6900 Collins beach portal - City maintenance responsibility. Parks and Recreation to handle.
Graffiti will be removed.
7100 Collins - City maintenance. Parks and Recreation to handle.
7301 Collins - City maintenance. Parks and Recreation to handle.
7319 Collins - Vila & Son will fertilize tree which is not part of the extended warranty. Parks and
Recreation to handle irrigation maintenance.
7331 Collins - Vila & Son will fertilize tree which is not part of the extended warranty. Public
Works to handle coping maintenance.
7316 Collins - Vila & Son will fertilize tree which is not part of the extended warranty. Parks and
Recreation to handle irrigation maintenance.
7308 Collins - Vila & Son will fertilize tree which is not part of the extended warranty.
7345 Collins - Parks and Recreation states tree is acceptable.
7337 Collins - Vila & Son will fertilize tree which is not part of the extended warranty. Parks and
Recreation to handle irrigation maintenance.
1000 71st Street - City Maintenance. Public Works to handle.
Normandy Fountain - Exposed concrete is required for border pavers. Parks and Recreation to cover
with mulch to conceal.
71 st Street and Rue Versailles - City Maintenance. Public Works to handle. Will try to back charge
SIN.
969 Normandy Drive - City maintenance. Public Works to handle.
913 Normandy Drive - City maintenance. Public Works to handle.
Maintenance Items
6300 Collins - Parks and Recreation to handle irrigation maintenance.
6500 Collins - Parks and Recreation to handle irrigation maintenance.
6400 Collins - Parks and Recreation to handle irrigation maintenance.
7100 Collins - Parks and Recreation to handle irrigation maintenance.
7122 Collins - Parks and Recreation to handle irrigation maintenance.
7220 Collins - City has not been able to confirm that trees were not acceptable at time of inspection
or why they were removed. Parks and Recreation should handle ground cover maintenance and if
possible replace some of the missing trees.
7326 Collins - Parks and Recreation to handle irrigation maintenance.
7474 Collins - Parks and Recreation to handle irrigation maintenance.
7451 Collins - Parks and Recreation to handle irrigation maintenance.
7361 Collins - Parks and Recreation to handle irrigation maintenance.
73rd Street, North side of block between Harding and Collins - City Maintenance.
Parks & Recreation to handle.
410 71st Street - City Maintenance. Parks & Recreation to handle.
71st Street and Byron - City Maintenance. Parks & Recreation to handle.
71st Street and Byron (Carlyle Theater) - City Maintenance. Parks & Recreation to handle.
F:\WORK\SALL\CHATRAND\NSCLOSE1.WPD
RECEIVED
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00 JW123 AN 8: 52
June 19,2000
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Mr. Jorge Chartrand
CITY OF MIAMI BEACH
1700 Convention Center Drive
Miami Beach, Fl
RE: Northshore Improvements
Dear Mr. Chartrand:
We have reviewed the list provided by Mr. Shockey and offer the following response.
. Of all of the items listed on the document, only the three royal palms at 6490 Collins
A ve. would fall under the extended warranty period.
. None of the other Royal palms listed are part of the (65) palms with the extended
maintenance and warranty.
. The City was responsible for the maintenanct" of all other palms in question.
. The City did not have rt"presentatives present at the scheduled mandatory inspection
meetings. Because of lack of attendance these meeting~ eventually disbanded.
. Irrigation system deficiencies and lack of maintenance was documented throughout
the warranty period.
. Hurricane Irene as well as other tropical storms were experienced during the warranty
period.
In spite of all of the above listed, Vila and Son Landscaping Corp. as a gesture of good
will and an attempt to bring closure to this project offers to replace the (3) Royal palms at
6490 and to fertilize (one time) the other palms listed in Mr. Shockey's observations. In
order to do this work Vila and Son Landscaping Corp. would need assurances that all
relaincd funds will be reieaseu upon completirJO, and that the job would be consIdered
closed.
Please feel free to contact my office if. you have any questions or require further
information.
Ricardo Lea
Vice President
Cc: Sam Nicholas, SI Nicholas
Enclosures
MAR. 15 . 99 (MON) :1,03
VILA & SON LANSCAPE-GROWERS
305 25, 9207
MEMORANDUM
IR~
,11'1'
\:. :
March l~th, 1999
10:
Mr. Sam Nicholas
S.I. NICHOLAS, INC,
William. Quintero
North Shore Improvements
FROM:
RE:
The following is to inform you that pursuant to our final walk.through ofMareh
12th, 1999, thclandscape within the project limits of Collins A venue from 58th to
75th street have now been accepted by thc owner. These areas are lllustrated on
the landscape sheets (LO-A through LD3, LD4 through LD7, L08, LD9, LOlO &
11).
Vila & Son LandscapinJ Corp. wUI now commence the (90) day maintenance
period which is scheduled through June 15th, 1999. As proposed in our March
3rd memorandwn, Vila & SDn will be providing an extended maintenance period
for an additionlll one yellf, through June 15th, WOO, for the (63) Roylll Palms
identified in KIMLBY -HORN's transmittal dated March 9th, 1999.
AB discussed with Mr. John Oldenberg of the City of Miami Beach Parks
Department, Vila & Son will not be liable for damages or losses of plant materials
resulting from theft, vandalism, acts of providence or any other cll'CUmstanccs
beyond our control. Vila & Son agreed to notify aU parties jf and when these
situations are encountered.
Please do not hesitate to give me a call should you have any questions or require
f\Irther assistance.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
m
COMMISSION MEMORANDUM NO. ~ l-O~
SUBJECT:
Mayor Neisen O. Kasdin and DATE: July 12,2000
Members of the City Commission
Lawrence ~:evn.~
CityMa~y
A RES'dlUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING ISSUANCE OF FINAL
PAYMENT FOR S. I. NICHOLAS, INC., IN THE AMOUNT OF $100,668,
FOR THE NORTH SHORE COMMUNITY AREA IMPROVEMENTS.
TO:
FROM:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funds are available in Capital Projects Fund 363 for the North Shore Improvements Project.
ANALYSIS:
On December 5,1990, the Mayor and City Commission approved an agreement with the firm of Kimley
Horn and Associates, Inc. (KH), for architectural and engineering services for the North Shore Community
Area Improvements Phase I (the Project). On November 4, 1992, the Mayor and City Commission
approved a further agreement with KH for Phase 11- Final Design of the Project.
On July 12, 1995 the Mayor and City Commission approved the award to the lowest bidder, S. I. Nicholas
Inc. (SIN), for the construction of the project. A contract was entered between the City and SIN on July
12, 1995 and Notice to Proceed was given.
Due to varied circumstances, the construction period extended beyond the original projection and lasted
over four years. The project was inspected and approved by stages depending on the areas finished by SIN.
On March 12, 1999, most areas of the project were considered substantially complete after many partial
inspections and acceptances during the course of the construction. On December 3, 1999, the overall
project was considered substantially complete with only a few minor items remaining.
AGENDA ITEM C I :r
DATE ,-12 - 00
Commission Memorandum
July i2, 2000
North Shore Community Area improvements
Page 2
On May 24, 2000, the Mayor and City Commission approved appropriating funds from an
unappropriated balance in Fund 363 and the final payment to SIN. Distribution of the check was
contingent on SIN completing a few remaining landscape items, SIN providing a certified check for
monies it owes the City as a result of work done during the project, and SIN providing a final
Consent of Surety for the project.
SIN has provided the Consent of Surety and will bring the certified check at the time the City is
ready to distribute the final payment. No payment will be issued to SIN unless the certified check
is provided. The remaining punch list items are now completed.
The Administration is now requesting approval to issue the final payment to S. I. Nicholas to close
out the Northshore Improvements Project.
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