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HomeMy WebLinkAbout2006-26414 Reso RESOLUTION NO. 2006-26414 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING PURSUANT TO SECTIONS 286.011 AND 255.20 (10) (a) - (d), FLORIDA STATUTES, RESPECTIVELY, WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER, AS THE CITY'S DESIGNEE, TO AMEND THE EXISTING DESIGN/BUILD AGREEMENT WITH RIC-MAN INTERNATIONAL, INC., INCREASING THE AGREEMENT IN THE AMOUNT OF $12,313,687, TO PROVIDE ENGINEERING, URBAN DESIGN, LANDSCAPE ARCHITECTURE, AND CONSTRUCTION ADMINISTRATION SERVICES FOR DESIGN, PERMITTING, CONSTRUCTION AND CONSTRUCTION ADMINISTRATION OF THE ADDITIONAL LUMMUS NEIGHBORHOOD RIGHT OF WAY (ROW) IMPROVEMENTS, BID PACK 10B, (WHICH WORK SHALL BE ADDED TO THE SCOPE OF WORK FOR THE ONGOING WASHINGTON AVENUE IMPROVEMENTS - PHASE II, IV AND V, WHICH CURRENTLY INCLUDE THE 7TH AND 8TH STREET CORRIDORS, WHICH ARE PART OF THE LUMMUS BID PACK 10B); FINDING THAT IT IS FURTHER IN THE CITY'S AND THE PUBLIC'S BEST INTEREST TO ALLOW SAID WAIVER OF COMPETITIVE BIDDING (AS PROVIDED AND ALLOWED FOR IN THE CITY CODE) AS RIC-MAN INTERNATIONAL, INC. IS UNIQUELY QUALIFIED TO UNDERTAKE THE SCOPE. OF WORK ASSOCIATED WITH THE AFORESTATED PROJECT BECAUSE IT IS CURRENTLY UNDER CONTRACT WITH THE CITY TO PERFORM WORK THAT IS AFFILIATED WITH SAID PROJECT; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AMENDMENT NO.8, TO THE AFORESTATED AGREEMENT WITH RIC-MAN INTERNATIONAL, INC., IN THE AMOUNT OF $12,313,687, WITH FUNDING AVAILABLE FROM CURRENT FLAMINGO/LUMMUS ROW IMPROVEMENTS PROJECTS AND OTHER SOURCES; AND FURTHER AUTHORIZING $800,000 AS A PROJECT CONSTRUCTION CONTINGENCY, AND $366,496, FOR ADDITIONAL CIP OFFICE CHARGES; IN THE ALTERNATIVE, PROVIDED FURTHER THAT IN THE EVENT THE CITY COMMISSION DOES NOT APPROVE THE AFORESTATED WAIVER, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE NECESSARY DESIGN/BUILD SERVICES RELATIVE TO THE ABOVE REFERENCED PROJECT; FUNDS RE-ALLOCATED FROM OTHER PROJECTS IN THE NEIGHBORHOOD WILL BE TARGETED FOR REPLACEMENT WHEN NEW BONDS ARE ISSUED IN 2007 AS PREVIOUSLY DISCUSSED WITH THE CITY COMMISSION. WHEREAS, on January 14, 2004, the Mayor and City Commission adopted Resolution No. 2004-25463, approving and authorizing the Mayor and City Clerk to execute a Guaranteed Maximum Price Contract with RIC-MAN International, Inc. (Ric-Man), pursuant to Invitation to Bid No. 22-02/03 for Design Build Services to Design and Construct the Washington Avenue Improvements - Phases II, IV and V Streetscape and Utility Improvement Project; and WHEREAS, the Agreement, executed for a Guaranteed Maximum Price of $12,104,429, provided for the design, permitting, construction and construction administration services for the Washington Avenue Improvements Phase II, IV and V From 5th Street to 16th Street Project (the Project); and WHEREAS, on April 20, 2005, the City approved Amendment No. 1 to the Agreement, in the amount of $555,783, for the inclusion of work that coordinated improvements in the Flamingo and Lummus Neighborhoods, and provided for the upsizing of drainage on Washington Avenue; and WHEREAS, on October 19, 2005, the City approved Amendment No. 2 to the Agreement, in the amount of $686,880 (in conjunction with execution of an agreement with Miami-Dade County) for the inclusion of traffic signal improvements on 11th, 1ih, 13th, and 14th Streets and Washington Avenue; and WHEREAS, on January 11, 2006, the City approved Amendment No. 3 to the Agreement, in the amount of $1 ,642,301, for the inclusion of planned improvements along and beneath th and 8th Streets, between Washington Avenue and Ocean Drive; and WHEREAS, on February 8, 2006, the City approved Amendment No. 4 to the Agreement, in the amount of $574,560, for the inclusion of Green Malayan Coconut Palms in the medians from the 600 to the 1600 block of Washington Avenue; and WHEREAS, on May 10, 2006, the City approved Amendment No. 5 to the Agreement, in the amount of $1 ,094,815, for the inclusion of improvements to the drainage on 16th Street and other miscellaneous improvements along the Washington Avenue corridor; and WHEREAS, on October 11, 2006, the City approved Amendment No. 6 to the Agreement, in the amount of $197,960, to provide two additional drainage wells in th and 8th Streets as part of the Lummus Neighborhood improvements; and WHEREAS, on October 11, 2006, the City approved Amendment No. 7 to the Agreement, in the amount of $726,757 (in conjunction with an a~reement with Miami-Dade County) for the inclusion of traffic signal improvements on th, 8 ,& 9th Streets and Collins Avenue; and WHEREAS, the proposed Amendment No. 8 to the Agreement, in the amount of $12,313,687, provides for the inclusion of planned improvements along and beneath the remainder of the Lummus Neighborhood - identified by 6th, 9th, 10th, 11th, 1ih, 13th, and 15th Streets and 14th Lane, between Washington Avenue and Ocean Drive; and WHEREAS, the addition of this work as part of Ric-Man's current Agreement with the City is in the City's best interest to maintain continuity of the work and for coordination with roadway and infrastructure improvements constructed along Washington Avenue; and WHEREAS, the Capital Improvement Projects (CIP) Office recommends that the most advantageous delivery method to accomplish the successful implementation of Bid Pack 10B, Lummus ROW Improvements, in an expedited manner, would be for the Mayor and City Commission to hereby waive, by 5/7ths vote, the formal competitive bid process, and authorize the City Manager to procure the services of Ric-Man, relative to the construction of the improvements; waiver of the competitive bidding process is permitted by the City Code where the City Manager and City Commission find that such waiver is in the best interest of the City; and WHEREAS, Section 255.20, Florida Statutes, further provides for the award of public construction projects to an appropriately licensed contractor by a method other than a competitive selection when, such as in the immediate case, there is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; and WHEREAS, as required pursuant to Section 255.20 (10) (a) - (d), Florida Statutes, the City Commission held a duly noticed public hearing to consider the aforestated waiver; and WHEREAS, as further required pursuant to Section 255.20 (10) (a) - (d), Florida Statutes, the City's Program Manager, Hazen and Sawyer, as well as the City Administration, through it's Capital Improvement Projects (CIP) Office, have provided their respective written recommendations which recommendation(s) is set forth in the Commission Memorandum accompanying this Resolution, and are fully incorporated by reference, as Exhibit "An to this Resolution; and WHEREAS, funding from previously appropriated sources is available from the Flamingo/Lummus Bid Pack B, of which the work in Amendment NO.8 is a component, and other sources, in the amount of $13,480,633; and WHEREAS, Funds re-allocated from other Projects in the neighborhood will be targeted for replacement when new bonds are issued in 2007 as previously discussed with the City Commission. WHEREAS, the Administration also recommends an $800,000 construction contingency and $366,496 for additional CIP fees. 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, following a duly noticed public hearing pursuant to Sections 286.011 and 255.20 (10) (a) - (d), Florida Statutes, respectively, hereby waive, by 5/7ths vote, the formal competitive bidding requirements, finding such waiver to be in the best interest of the City, and authorizing the City Manager, as the City's designee, to amend the existing Design/Build Agreement with Ric-Man International, Inc., increasing the Agreement in the amount of $12,313,687, to provide engineering, urban design, landscape architecture, and construction administration services for design, permitting, construction and construction administration of the additional Lummus Neighborhood Right of Way (ROW) Improvements, Bid Pack 10B (which work shall be added to the scope of work for the ongoing Washington Avenue Improvements - Phase II, IV and V, which currently include the 7th and 8th Street corridors, which are part of the Lummus Bid Pack 1 OB); further finding that it is further in the City's and the public's best interest to allow said waiver of competitive bidding (as provided and allowed for in the City Code) as Ric-Man International, Inc. is uniquely qualified to undertake the scope of work associated with the aforestated project because it is currently under contract with the City to perform work that is affiliated with said project; authorizing the City Manager and City Clerk to execute said Amendment No.8, to the Agreement with Ric-Man International, Inc., in the amount of $12,313,687, with funding available from current Flamingo/Lummus ROW Improvements Projects and other sources; and further authorizing $800,000 as a project construction contingency, and $366,496, for additional CIP office charges; in the alternative, provided further that, in the event the City Commission does not approve the aforestated waiver, authorizing the Administration to issue a Request for Proposals (RFP) for the necessary design/build services relative to the above referenced Project; funds re-allocated from other Projects in the neighborhood will be targeted for replacement when new bonds are issued in 2007 as previously discussed with the City Commission. PASSED AND ADOPTED this 6th day ofDecem~EOO06. ATTEST: _~ J 2ru ~ APPROVED AS TO CITY CLERK Robert Parcher t:nDUJl~~I~Ge T:\AGENDA \2006\dec0606\Regular\ WashAveA~d'!f-Rt!'S()'t .tItl & FOR CU ON ~ ,.. r. . ~ . 12 ' 6-' me~~ / : / \ I: ItL---- 01VfA.':(,~R David Dermer COMMISSION ITEM SUMMARY Condensed Title: A Resolution waiving by 5/7ths vote, the formal competitive bidding requirements, and authorizing the City Manager, to amend the Agreement with Ric-Man International, Inc., the contractor for the Washington Ave. Improvements Project, to add Bid Pack 10B: Lummus ROW, and to execute Amendment No. 8 for design/build services, in an amount not to exceed $12,313,687, provided further that, in the event the City Commission does not approve the waiver, authorize the administration to issue a Request for Proposals for the necessary services for the Proiect. Ke Intended Outcome Su orted Ensure well-desi ned ualit ca ital ro'ects. Issue: I Shall the City Commission approve the Resolution and the corresponding funding allocation? Item Summa IRecommendation: Construction of the Washington Avenue Improvements Project from 5 Street to 16 Street is now completed. Additional scope assigned to the Design/Build contractor, Ric-Man, includes a portion of the Lummus Neighborhood Bid Pack 10B, 7'h & 8th Streets, which are currently under construction. The Cit has previously approved several Amendments to the Ric-man Agreement for additional scope most 0 which are already completed. These amendments include additional work to integrate the drainage systems of Wash. Ave. and the Lummus neighborhoods; the 7'h & 8th improvements currently in construction; drainage improvements to 16th Street between Wash. Ave. and Collins Ave. also currently in construction; and additional drainage wells in the Lummus neighborhood. The advanced design status of the remaining Lummus Project, which includes proposed improvements to the remaining cross streets in the neighborhood, gives the City the opportunity of continuing work in the area with a contractor who has performed well in the Wash. Ave. project as well as in the additional scope assigned to their contract. The streets involved in this Amendment are 6th, 9th, 10, 11th, 12'h, 13th, 14th Lane and 15th. The proximity and interrelationship between the Washington Ave. and the Lummus Projects allows for the coordination of the drainage and other improvements with continuity and efficiency. Several negotiation sessions were held and an agreement reached on a required scope of services to be provided for a cost of $12,313,687. The initial submitted proposal for the project scope was $17,464,949. The City rejected this proposal and during negotiating sessions with Ric-Man staff, refined the scope, clarified the costs, made them consistent with the costs of similar items present in the Wash. Ave. project, and arrived at a project scope and cost which are consistent with industry standards and the previous projects in the area. The Administration recommends that the City Commission adopt the resolution, waive competitive bidding by a 5/7th vote, and amend the Agreement with Ric - Man, increasing the amount by $12,313,687, to provide engineering, permitting, construction, and construction administration services for the remaining portions of the Lummus ROW Neighborhood project. The Administration also requests that a $800,000 construction contingency be included for the project and $366,496 be included for additional CIP fees. All funds are available from previous appropriations. Funds re-allocated from other Projects in the neighborhood will be targeted for re lacement when new bonds are issued in 2007 as reviousl discussed with the Cit Commission. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 $3,904,862 GO Bonds Fund 384 - WO 2345,2330,2329 2 $1,169,341 W&S Bonds Fund 424 - WO 2345, 2330 3 $6,243,223 Stormwater Bonds Fund 428 - WO 2330 4 $440,996 City Center RDA Fund 365 - WO 2345 5 $404,016 South Pointe RDA Fund 379-WO 2330,2345 6 $120,000 Gulf Breeze 2006 Fund 423 7 $1,197,745 Pay-As-You-Go 2006 Fund 302 - Cap. Budget OBPI Total $13,480,183 Financial Impact Summary: City Clerk's Office Legislative Tracking: I JECh Si n-Offs: artment Dire.ctor TH \dec0606\Regular\ WashAveAdds-S m ...... MIAMIBEACH AGENDA ITEM DATE R7A I ;J.-(,-lJ (, e MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and Members of th: Ci7ission Jorge M. Gonzalez, City Manager '\ ~ Q December 6, 2006 0- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING PURSUANT TO SECTIONS 286.011 AND 255.20 (10) (a) - (d), RESPECTIVELY, WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER, AS THE CITY'S DESIGNEE, TO AMEND THE EXISTING DESIGN/BUILD AGREEMENT WITH RIC - MAN INTERNATIONAL, INC., INCREASING THE AGREEMENT IN THE AMOUNT OF $12,313,687, TO PROVIDE ENGINEERING, URBAN DESIGN, LANDSCAPE ARCHITECTURE, AND CONSTRUCTION ADMINISTRATION SERVICES FOR DESIGN, PERMITTING, CONSTRUCTION AND CONSTRUCTION ADMINISTRATION OF THE ADDITIONAL LUMMUS NEIGHBORHOOD RIGHT OF WAY (ROW) IMPROVEMENTS, BID PACK 10B, WHICH WORK SHALL BE ADDED TO THE SCOPE OF WORK FOR THE ONGOING WASHINGTON AVENUE IMPROVEMENTS - PHASE II, IV AND V, WHICH CURRENTLY INCLUDE THE 7TH AND 8TH STREET CORRIDORS, WHICH ARE PART OF THE LUMMUS BID PACK 10B; FINDING THAT IT IS FURTHER IN THE CITY'S AND THE PUBLIC'S BEST INTEREST TO ALLOW SAID WAIVER OF COMPETITIVE BIDDING (AS PROVIDED AND ALLOWED FOR IN THE CITY CODE) AS RIC-MAN INTERNATIONAL, INC. IS UNIQUELY QUALIFIED TO UNDERTAKE THE SCOPE OF WORK ASSOCIATED WITH THE AFORESTATED PROJECT BECAUSE IT IS CURRENTLY UNDER CONTRACT WITH THE CITY TO PERFORM WORK THAT IS AFFILIATED WITH SAID PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AMENDMENT NO.8, IN THE AMOUNT OF $12,313,687, WITH FUNDING AVAILABLE FROM CURRENT FLAMINGO/LUMMUS ROW IMPROVEMENTS PROJECTS AND OTHER SOURCES; AND FURTHER AUTHORIZING $800,000 AS A PROJECT CONSTRUCTION CONTINGENCY, AND $366,496, FOR ADDITIONAL CIP OFFICE CHARGES; IN THE ALTERNATIVE, PROVIDED FURTHER THAT, IN THE EVENT THE CITY COMMISSION DOES NOT APPROVE THE AFORETASTED WAIVER, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE NECESSARY DESIGN/ BUILD SERVICES RELATIVE TO THE ABOVE REFERENCED PROJECT; FUNDS RE-ALLOCATED FROM OTHER PROJECTS IN THE NEIGHBORHOOD WILL BE TARGETED FOR REPLACEMENT WHEN NEW BONDS ARE ISSUED IN 2007 AS PREVIOUSLY DISCUSSED WITH THE CITY COMMISSION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. Commission Memorandum December 6, 2006 Amendment to Agreement with Ric-MAN International, Inc., Lummus Bid Pack 10B Page 2 of 4 PROJECT FUNDING Project funding in the amount of $13,480,183 is available from the following previously appropriated sources for the Flamingo/Lummus Neighborhood of which the work is a component: $3,904,862 from the General Obligation Bond (Fund No. 384, Work Orders 2345, $1,511,017; 2330, $2,186,598; 2329, $207,247); $6,243,223 from the 2000 Storm Water Bonds (Fund No. 428, Work Order 2330); $1,169,341 from the 2000 Water and Sewer Bonds (Fund No. 424, Work Orders 2345, $1,111,069; 2330, $58,272); $440,996 from City Center RDA (Fund 365 Work Order 2345); $404,016 from South Pointe RDA (Fund 379, Work Orders 2330, $259,004; 2345, $145,012); $120,000 from Gulf Breeze 2006 Fund 423; and $1,197,745 from Pay-As-You-Go 2007 Fund 302 from Capital Budget. Funds re- allocated from other Projects in the neighborhood will be targeted for replacement when new bonds are issued in 2007 as previously discussed with the City Commission. ANAL YSIS The City of Miami Beach has implemented various programs to improve the quality of life of residents in the City's 13 neighborhoods via 24 capital improvement projects. The Capital Improvement Planned Progress Initiative is funded by Series 2000 Water and Sewer Revenue Bonds, Series 2000 Storm Water Revenue Bonds, and 1999 General Obligation Bonds. Construction of the Washington Avenue Improvements Project - Phase II, IV and V from 5th Street to 16th Street is now completed. Additional scope assigned to the Design/Build contractor, Ric-Man International, Inc. (Ric-Man), includes a portion of the Lummus Neighborhood Bid Pack 10B, ih & 8th Streets, which is currently under construction. The City has previously approved several Amendments to the Ric-Man Agreement for additional scope most of which are already completed. These amendments include additional work to integrate the drainage systems of Washington Ave. and the Flamingo/Lummus neighborhoods; traffic signalization at several Washington Ave. intersections requested and paid by Miami-Dade County; the ih & 8th improvements currently in construction; additional landscaping and beautification of the Washington Ave. medians; drainage improvements to 16th Street between Washington Ave. and Collins Ave. which were part of the original Ric-Man Request for proposal as an alternate and later implemented and is also currently in construction; and additional drainage wells in the Lummus neighborhood. The advanced design status (90% complete) of the Flamingo / Lummus Right of Way (ROW) Infrastructure Improvement Project, which includes proposed improvements to the remaining cross streets in the neighborhood, provides the City with the opportunity of continuing work in the area with a contractor who has performed admirably in the Washington Ave. project as well as in the additional scope assigned to their contract. The streets involved in this Amendment are 6th, 9th, 10th, 11th, 12th, 13th, 14th Lane and 15th. The proximity and interrelationship between the Washington Ave. and the Lummus Projects are obvious and allows for the coordination of the drainage and other improvements with continuity and efficiency. Amending the existing Design Build Agreement with Ric-Man to incorporate this additional work will offer the advantage of completing these improvements at equivalent pricing, yet sooner than through the typical RFQ / bidding processes. Pursuing this option further eliminates any construction overlaps with the work just completed on Washington Avenue. Acceleration of this work is further recommended to mitigate flooding issues in the Lummus neighborhood. General improvements include restoration and enhancements to the function and aesthetics of the following: Commission Memorandum December 6, 2006 Amendment to Agreement with Ric-MAN International, Inc., Lummus Bid Pack 10B Page 3 of 4 · Repair or replacement of existing water mains to meet City Water Master Plan recommendations. · Upgrade of a priority storm water basin within the project area to meet City Storm Water Master Plan / BODR recommendations. · Street resurfacing and new pavement markings. · Swale restoration where applicable, and curb and gutter restoration or upgrades. · Replacement of sidewalks and crossing ramps to provide continuous, ADA-Title III compatible separated pedestrian ways. · Installation of new pedestrian-scale street lighting and/or upgrade of existing lighting to correct deficiencies. · Providing enhanced landscaping, development of additional areas for planting opportunities, and new / enhanced irrigation to support such plantings within the street right-of-way, as consistent with the approved BODR for the Lummus Bid Pack. · The work requires that all above-ground improvements be coordinated with existing and proposed above-ground and underground infrastructure improvements, which may include the following tasks: Replacement of water mains and sanitary sewer lines; additional storm drainage improvements; limited coordination with other entities, including but not limited to, Florida Power and Light Company, BellSouth, Atlantic Broadband and their vendors. · Water pipes in each street in the project connected to water mains in the neighborhood alleys will be replaced up to the edge of pavement to avoid disturbing new asphalt pavement with possible future maintenance. Underground water, sewer and drainage infrastructure improvements for the ROW Program are generally identified in: the City of Miami Beach Comprehensive Stormwater Management Program Master Plan, (March 1997), the City of Miami Beach Water System Master Plan, (November, 1994), and the Citywide Sanitary Sewer Infiltration and Inflow Mitigation Program, and in subsequent amendments to the plans and decisions by the City's Public Works Department. In addition, the work shall include surveying and obtaining permits from all governmental agencies having jurisdiction in Miami Beach as well as Construction Management Services during construction. The City's Program Manager, Hazen and Sawyer, P.C., shall serve as the focal point of contact, with regard to all aspects of this scope of services and will assist the CIP office in the management of this additional work. Ric-Man's Design Build team is comprised of the following highly specialized, locally recognized firms: A&P Consulting Transportation Engineers which will provide drainage, traffic and roadway / hardscape design service; Neitzel Design Group which will provide landscape design services; and will have a component for public relations coordination for this project. These firms have been selected to provide their expertise on specific items that have been identified by the City of Miami Beach and/or existing site conditions. Ric-Man's team has years of professional experience in South Florida and particularly in the City of Miami Beach through their involvement in the Washington Ave. project and the additional Commission Memorandum December 6, 2006 Amendment to Agreement with Ric-MAN International, Inc., Lummus Bid Pack 10B Page 4 of 4 scope they have been given previously. All team members have previously collaborated on successful project completions. Several negotiation sessions were held and an agreement reached on a required scope of services to be provided for a cost of $12,313,687 (Attachment 2). The initial submitted proposal for the project scope was $17,464,949. The City rejected this proposal as being excessive and during several negotiating sessions with Ric-Man staff, refined the scope parameters, clarified the costs of the components of the project, made them consistent with the costs of similar items present in the Washington Ave. project and the additional project amendments, and arrived at a project scope and cost for the remaining portions of Bid Pack 1 OB which are consistent with current industry standards and with the previous projects in the area. The cost of the Project has risen from the original cost estimate provided by the Consultant due to several reasons. These include a less than accurate estimate provided by the Consultant, additional scope, cost escalations since the estimate was produced, additional contingency, additional CIP fees, and additional coordination issues to accommodate the relations between the Lummus, Washington and Flamingo neighborhoods. Project total funding from previously appropriated sources is available from the Flamingo/Lummus Bid Pack B, of which the work is a component, and other sources, in the amount of $13,480,183. Funds reallocated from Flamingo Bid Pack "A", ROW neighborhood, will be included for replacement in the future bonds issue expected to occur in 2007 as previously discussed with the City Commission. The negotiated price is within the general range of costs and design percentages for streetscape projects that the City has been approving recently. The Administration recommends award of the amendment and approval of the use of previously appropriated funds. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution, waive competitive bidding by a 5/7th vote, and approve Amendment No. 7(Attachment 1), to the DESIGN/BUILD professional services Agreement with Ric - Man International, Inc., increasing the Agreement, in the amount of $12,313,687, to provide engineering, permitting, construction, and construction administration services for the remaining portions of the Lummus ROW Neighborhood Bid Pack 10B project; and providing for a construction contingency, in the amount of $800,000, and additional CIP fees, in the amount of $366,496. Total funding, in the amount of $13,480,183, is available from previously appropriated funds as follows: $3,904,862 from the General Obligation Bond (Fund No. 384); $6,243,223 from the 2000 Storm Water Bonds (Fund No. 428); $1,169,341 from the 2000 Water and Sewer Bonds (Fund No. 424); $440,996 from City Center RDA (Fund 365); $404,016 from South Pointe RDA (Fund 379); $120,000 from Gulf Breeze 2006; and $1,197,745 from Pay-As-You- Go 2006. Funds re-allocated from other Projects in the neighborhood will be targeted for replacement when new bonds are issued in 2007 as previously discussed with the City Commission. Attachments T:\AGENDA 12006\dec0606\Reg ular\WashA veAdds-M EMO 120606.doc .i\< (9 'MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN thata public hearing, as required pursuant to Section 255.20(10)(a)-(d), Florida Statutes, will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, December 6, 2006, at 10:45 A.M. to consider the following: TO CONSIDER WHETHER IT IS IN THE PUBLIC'S BEST INTEREST TO WAIVE, BY 5mHS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, AS PERMITTED BY SECTION 2-367(e) OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK,TO EXECUTE AN AMENDMENT TO THE EXISTING DESIGN/ BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND RIC-MAN INTERNATIONAL, INC., FOR THE WASHINGTON AVENUE IMPROVEMENTS PHASES II, IV AND V STREETSCAPE AND UTILITY IMPROVEMENT PROJECT; SAID AMENDMENT, IN AN AMOUNT NOT TO EXCEED $12,036,370.00, FOR THE PURPOSE OF PROVIDING ENGINEERING, URBAN DESIGN, LANDSCAPE ARCHITECTURE, DESIGN PERMITTING, CONSTRUCTION, AND CONSTRUCTION ADMINISTRATION SERVICES, FOR THE ADDITIONAL LUMMUS NEIGHBORHOOD J:lIGHT-OF-WAY (ROW) IMPROVEMENTS, CITY OF MIAMI BEACH BID PACKAGE 10-B. Inquiries concerning this meeting should be directed to the Capital Improvement Projects Office (CIP) at (305) 673-7071. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the Ci1y hereby advises the pUblic that: if a person decides to appeal any decision made by the Ci1y Commission with respect to any matter considered at its meeting or Its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwis.e inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. . ~(ld\.l;~~:.;(, 'd\J ~h '}~ :; '-~ l l _.----._-'--...__._--_.__.~....- -,.----,---._.---~..;--_. .._-----.~-~_.- -......--. 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