368-2000 RDA
RESOLUTION NO. 368-2000
A RESOLUTION OF THE CHAIRMAN AND THE MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING THE
APPROPRIATION OF $1,000,218.00 FROM THE AVAILABLE SOUTH
POINTE TAX INCREMENT FUNDS FOR: A $560,000.00 PROJECT
CONTINGENCY FUND, $74,103.00 FOR SITE DEVELOPMENT COSTS
AND $366,115.00 FOR CHANGE ORDERS TO THE EXISTING
CONSTRUCTION AGREEMENT WITH ATLANTIC CIVIL, INC. (ACI)
FOR THE SOUTH POINTE STREETSCAPE IMPROVEMENTS - PHASE
I PROJECT; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE PENDING UTILITY RELOCATION CONTRACTS TO BE
SUBMITTED BY FPL, TECO GAS, BELLSOUTH AND CHARTER
COMMUNICATIONS.
WHEREAS, On September 23,1998, the Chairman and Members of the Miami Beach
Redevelopment Agency (RDA) approved Resolution 304-98, which authorized the appropriation
of $5,000,000 in Tax Increment Funds (TIF); and
WHEREAS, the appropriation allocated $1.192 million to restore the funds for the
improvements to South Pointe Park and Washington Park and approximately $3.8 million to
implement the streetscape improvements in the South Pointe district, based on the
recommendation of the community and the endorsement of the South Pointe Advisory Board
(SPAB); and i
WHEREAS, of the $3.8 million, approximately $800,000 has already been used for thel
preparation and coordination of the Master Plan; the design, survey, engineering, an~
implementation of the construction documents for Phase I; the survey for Phase II; and relate~
matters of the Streetscape Improvement Project; and
WHEREAS, the Project's Phase I Construction consists of the roadway, water, sewer!
sanitary, lighting and landscaping improvements on Third Street and on Washington Avenue!
with its extension into the South Pointe Park and the modification of the Park's existing parking
lot; and
WHEREAS, on April 10, 2000 an Invitation to Bid for the construction of the souJ
Pointe Streetscape Improvements - Phase I was advertised by the City's Procurement Directot
and on May 31, 2000, five Bid Proposals were submitted for the Project; and
WHEREAS, the Invitation to Bid did not provide for a Project Contingency line item~
and ~
WHEREAS, the lowest qualified bidder was Atlantic Civil, Inc. (ACI), who submitte
a Total Base Bid in the amount of$5,592,717.6l; the subject Invitation to Bid did not, howeve ,
provide for a Project Contingency line item; and
WHEREAS, as a result, the lowest qualified bidder was Atlantic Civil, Inc. (ACI), who
submitted a Total Base Bid in the amount of $5,592,717.61, exclusive of any contingency line
item; and
WHEREAS, on June 18, 2000 the Chairman and Members of the Miami Beach
Redevelopment Agency (RDA) approved Resolution 355-2000, authorizing the execution of a
contract with ACI, and further appropriating $150,000.00 from Parking Revenue Bond Fund 481,
and to appropriate $2,450,000.00 from South Pointe Tax Increment Funds as a partial funding to
the ACI contract; and
WHEREAS, these funds coupled with the $3 million remaining balance from the
appropriation approved on September 23, 1998, provided funding for the construction contract
with ACI; and
WHEREAS, the Notice to Proceed to AC1 was issued on August 28, 2000 and ACI
mobilized onto the site on September 5, 2000; and
WHEREAS, since the commencement of construction, several site development issues
and costs related to coordination of unforeseen conditions have arisen; and
WHEREAS, the Administration is required to execute binding documents with the utility
companies to effectively coordinate various relocations with other components of the Project,
such as Florida Power and Light's undergrounding of electrical wiring in the area.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman
and Members of the Miami Beach Redevelopment Agency herein authorize the appropriation of
$1,000,218.00 from the available South Pointe Tax Increment funds for: a $560,000.00 Project
Contingency Fund, $74,103.00 for site development costs and $366,115,00 for change orders to
the existing construction Agreement with ACI for the South Pointe Streetscape Improvements -
Phase I Project; and to authorize the Executive Director to execute pending utility relocation
contracts to be submitted by FPL, Teco Gas, BellSouth and Charter Communications.
PASSED and ADOPTED this 27th
d.y of Sopt="". 200fJ1
CHAIRMAN
~ftU~
SECRETARY
APPRoveD AS 10
FORM & lANGUAGE
& FOR EXECUTION
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Miami Beach Redevelopment Agency
1700 Convention Center Drive, Miami Beach, Fl. 33139
http:\\cLmiami-beach.fl.us
Telephone (305) 673-7193
Facsimile (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 00 - b '2-
TO: Chairman and Members ofthe
Miami Beach Redevelopment Agency
DATE: September 27, 2000
FROM:
SUBJECT:
Jorge M. Gonzalez \
Executive Director O~
A RESOLUTION OF THE CHAIRMAN AND THE MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING THE
APPROPRIATION OF $1,000,218.00 FROM THE AVAILABLE SOUTH
POINTE TAX INCREMENT FUNDS FOR: A $560,000.00 PROJECT
CONTINGENCY FUND, $74,103.00 FOR SITE DEVELOPMENT COSTS
AND $366,115.00 FOR CHANGE ORDERS TO THE EXISTING
CONSTRUCTION AGREEMENT WITH ATLANTIC CIVIL, INC. (ACI)
FOR THE SOUTH POINTE STREETSCAPE IMPROVEMENTS - PHASE
I PROJECT; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE PENDING UTILITY RELOCATION CONTRACTS TO BE
SUBMITTED BY FPL, TECO GAS, BELLSOUTH AND CHARTER
COMMUNICATIONS.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On September 23, 1991!. the Chairman and Members of the Miami Beach Redevelopment
Agency (RDA) approved Resolution 304-98, which authorized the appropriation of $5,000,000
in Tax Increment Funds (TIF). The appropriation allocated $1.192 million to restore the funds
for.the improvements to South Pointe Park and Washington Park and approximately $3.8 million
to implement the streetscape improvements in the South Pointe district, based on the
recommendation of the community and the endorsement of the South Pointe Advisory Board
(SPAB). Of the $3.8 million, approximately $800,000 has already been used for the preparation
and coordination of the Master Plan; the design, survey, engineering, and implementation of the
construction documents for Phase I; the survey for Phase II; and related matters of the
Streetscape Improvement Project. '2. /)
AGENDA ITEM--> D
DATE Lf"'21-0u
September 13, 2000
Miami Beach Redevelopment Agency Memorandum
South Pointe Streetscape Improvements - Phase I
Page 2
The Project's Phase I Construction consists of the roadway, drainage, water, sanitary, lighting
and landscaping improvements on Third Street and on Washington Avenue, with its extension
into the South Pointe Park and the modification of the Park's existing parking lot. The expansion
of the parking lot will allow connecting the lot with the driveway entrance provided into South
Pointe Park, as specified within the Phase I construction documents. In addition, the modified lot
will provide twenty-two (22) additional metered parking spaces, for a total of sixty-eight (68)
metered parking spaces.
On April 10, 2000 an Invitation to Bid for the construction of the South Pointe Streetscape
Improvements - Phase I was advertised by the City's Procurement Director and on May 31,
2000, five Bid Proposals were submitted for the Project. The Invitation to Bid did not provide for
a Project Contingency line item. As a result, the lowest qualified bidder was Atlantic Civil, Inc.
(ACI), who submitted a Total Base Bid in the amount of $5,592,717.61, exclusive of any
contingency line item.
On June 18, 2000 the Chairman and Members of the Miami Beach Redevelopment Agency
(RDA) approved Resolution 355-2000, authorizing the execution of a contract with ACI, and
further appropriating $150,000.00 from Parking Revenue Bond Fund 481, and $2,450,000.00
from South Pointe Tax Increment Funds for said purpose. These funds, coupled with the $3
million remaining balance from the appropriation approved on September 23, 1998, provided
funding for the construction contract with ACI.
The Notice to Proceed to ACI was issued on August 28, 2000 and ACI mobilized onto the site on
September 5, 2000. Since the commencement of construction, several site development issues
and costs related to coordination of unforeseen conditions have arisen. Additionally, staff has
identified the need to establish a Project Contingency Fund to properly administer the contract.
The following is the detailed list of additional funding needs:
Estimated
Item Explanation Amount
Project Contingency Fund:
Project The Project, because of its magnitude and complexity,
Contingency requires funding flexibility to coordinate private/public
projects under construction, to alter the construction sequence
due to businesses operating in the area and, to fund costs
associated with site related unforeseen conditions. A 10%
contingency is estimated. $560,000.00
Site Development Costs:
Relocation As part of the Streets cape Improvement Master Plan design,
and/or Removal all side-walks are being remodeled to comply with ADA
Of Poles/Lines requirements. In addition, all streets running in the East-West
and direction, and situated east of Washington Avenue are to be
Undergrounding cleared of all aerial utility wiring. Third Street and
of Utility Lines Washington Avenue extension at the South Pointe Park
require the execution of additional contracts with the utility
companies to perfonn the work. Binding estimates are pending
submission by the respective utility companies and are
estimated as described in Exhibit "A". $74,103.00
September J 3. 2000
Miami Beach Redevelopment Agency Memorandum
South Pointe Streetscape Improvements - Phase I
Page 3
Proposed Change Orders:
Precast As the Bid Form included in the contract with ACI, did not
Tree Coping account for the total quantities, additional pieces of Sculptone
Precast Coping are required. The coping for the tree pits,
specially designed for the Project, is an integral part of the
overall design ofthe Streetscape Improvement program. $296,115.00
Modifications to Due to site development coordination conditions, such as the
the Existing installation of additional fencing to secure property adjacent to
Construction the Project, the re-routing of existing construction projects to
Documents clear the Project's site, the alteration of construction sequence
to accommodate ongoing construction at the South Pointe
Elementary School and business operations in the area, and
the coordination with FPL for their ductbank construction on
Washington Avenue, require modifications to the existing
construction documents. $70,000.00
Estimated Sub-Total $366,115.00
Estimated Total $1,000,218.00
> Project Contingency Fund:
As stated above, the construction bid was solicited without a contingency line item. A
construction contract of over $5.6 million will experience change orders and
constructions modifications during its term. Therefore, the only viable means for the
staff to properly administer this contract is to set aside a contingency fund by which to
approve such modifications on a day to day basis. This contingency is not an additional
award to the Contractor, rather a funding line item, by which the City/RDA can properly
administer the Project.
> Site Development Costs:
Certain site development costs, outside ofthe scope of the General Contractor's scope of
work and that are a direct obligation of the RDA, as developer, have been encountered. In
addition, the Project involves construction primarily of the public right-of-way, and
thereby, requires extensive coordination with utility companies, such as the relocation of
their wiring and poles. This coordination is being directly administered by the RDA and
not through the Contractor, thus necessitating separate approval by the RDA. In the
future, site development costs will be funded through the Project Contingency Fund,
previously described.
> Change Orders:
Future Change Orders will also be funded from the Project Contingency Fund. However,
two significant Change Order Proposals have been submitted, for which approval is being
sought at this time:
September 13, 2000
Miami Beach Redevelopment Agency Memorandum
South Pointe Streetscape Improvements - Phase I
Page 4
Tree CODing: As part of the implementation of the Streetscape Improvement Master Plan,
a coping was custom designed to frame the tree pits along the sidewalks. The coping,
formed by four L-shape precast pieces per tree-pit, depicts an art deco guard design. The
South Pointe community and its Advisory Board strongly recommended its insertion in
the design of the sidewalk. The Bid Form, which became part of the Agreement with
ACI, included a misleading amount of coping. The additional pieces of precast coping
will complete the quantity required by the Project.
Modifications to the Existing Construction Documents:
Site development coordination conditions require modifications to the existing
documents. Included in these modifications are the installation of additional fencing to
secure property dedicated and adjacent to the Project, the rerouting of existing
construction projects to clear the Project site, the alteration of construction sequence to
accommodate ongoing construction at the South Pointe Elementary School and business
operations in thl' area, and the coordination with FPL of their ductbank construction
along Washington Avenue.
In addition, the Administration is required to execute binding documents with the utility
companies as detailed in Exhibit "A", to effectively coordinate various relocations with other
components of the Project, such as Florida Power and Light's undergrounding of electrical
wiring in the area. Upon receipt, said contracts will be submitted to the City Attomey for form
approval.
The Administration recommends that the Chairman and the Members of the Miami Beach
Redevelopment Agency authorize the appropriation of $1,000,218.00 from the available South
Pointe Tax Increment funds for: a $560,000.00 Project Contingency Fund, $74,103.00 for site
development costs and $366,115.00 for change orders to the existing construction contract with
ACI for the South Pointe Streetscape Improvements - Phase I Project; and to authorize the
Executive Director to execute utility relocation contracts to be submitted by FPL, Teco Gas,
BellSouth and Charter Communications.
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September 13, 2000
Miami Beach REdevelopment Agency Memorandum
South Pointe Streetscape Improvements - Phase 1
Page. 5
Exhibit" A"
CONTRACTS WITH UTILITY COMPANIES
1. THE FLORIDA POWER AND LIGHT COMPANY
LOCATION SCOPE OF WORK AMOUNT ESTIMATED
PAID AMOUNT
Third Street and Ocean Court Conversion of overhead electric
distribution facilities to and underground
system.
Status: Binding Estimate under
Preparation.
REQUIRES RDA APPROVAL $430.00 $21,500.00
Ocean Court, between Second Underground Utilities
and Third Streets Status: Paid. Work to be Performed.
APPROVED BY RDA. $17,636.50 $0.00
Washington A venue Extension Pole Removal.
at South Pointe Park Status: Paid. Work to be Performed.
REQUIRES RDA APPROVAL $360.00 $0.00
Third Street between Jefferson Pole relocation and overhead removal.
and Michigan Avenues Status: Binding Estimate prepared
REQUIRES RDA APPROVAL $688.00 $32,603.00
Third Street between Meridian Pole relocation
and Jefferson Avenues Status: Paid. Work to be Performed.
REQUIRES RDA APPROVAL $4,901.00 $0.00
Estimated Total $24,015.50 $54,103.00
2. CHARTER CABLE COMMUNICATIONS
Washington Avenue Extension Underground Fiber Optic Cable
at South Pointe Park relocation.
Status: Work to be Performed. $0.00
REQUIRES RDA APPROVAL $10,000.00
Third Street between Jefferson Pole relocation and overhead removal.
and Michigan Avenues Status: Work to be Performed.
REQUIRES RDA APPROVAL $0.00 $0.00
Third Street and Ocean Court Overhead line relocation.
Status: Work to be Performed.
REQUIRES RDA APPROVAL $0.00 $0.00
Third Street between Meridian Overhead line relocation.
and Jefferson Avenues Status: Work to be Performed.
REQUIRES RDA APPROVAL $0.00 $0.00
Estimated Total $10,000.00
3. BELLSOUTH COMPANY
Third Street between Meridian Pole relocation
and Jefferson Avenues Status: Paid. Work to be Performed.
REQUIRES RDA APPROVAL $0.00 $0.00
4. TECO PEOPLE GAS COMPANY
Washington Avenue Extension Line relocation
at South Pointe Park Status: Work to be performed.
REQUIRES RDA APPROVAL $0.00 $10,000.00
Estimated Total $10,000.00