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2007-26631 ResoRESOLUTION NO. 2007-26631 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT N0.10 TO THE AGREEMENT BETWEEN THE CITY AND JACOBS EDWARDS AND KELCEY, INC (FORMERLY KNOWN AS EDWARDS AND KELCEY, INC), IN AN AMOUNT NOT TO EXCEED $383,391, FOR ADDITIONAL DESIGN SERVICES, FOR THE VENETIAN ISLANDS NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT BID PACKAGE NO. 13C, COMPRISED OF SAN MARINO, DILIDO, AND RIVO ALTO ISLANDS; WITH FUNDING FROM GULF BREEZE 2006 ACCOUNT 423-2127, PREVIOUSLY APPROPRIATED FOR DESIGN AND ENGINEERING IN THE FISCAL YEAR 2006-2007 CAPITAL BUDGET. WHEREAS, on November 13, 2002, the City entered into an agreement with the firm of Jacobs Edwards & Kelcey (JE&K), (formerly know as Edwards and Kelcey), for architecture and engineering services for the Venetian Islands Neighborhood Right-of-Way Improvement Project, comprised of Bid Package No. 13B -Belle Isle and Belle Isle Park, and Bid Package 13C - Di-Lido, San Marino, and Rivo-Alto Islands; and WHEREAS, based on the improvements approved for Bid Package 13C in the BODR, JE&K was given the Notice to Proceed (NTP) with the Design Phase, which was subsequently designed to the ninety percent (90%) construction document level in 2006; and WHEREAS, in May 2006, the Venetian Islands Homeowners Association (VIHA) requested that the City hold meetings with island residents to revisit the proposed improvements; and WHEREAS, meetings were held with residents of Rivo Alto on May 22, 2006; San Marino on May 24, 2006; Di Lido on May 31, 2006; and WHEREAS, based on changes requested by the residents, the City reached an agreement with the VIHA to modify the existing design; and WHEREAS, in the interim, the VIHA held independent discussions with FPL regarding the undergrounding of their utilities on the islands; and WHEREAS, in May 2007, although no decision had been made regarding undergrounding of the utilities, in order to proceed with the changes voted on by residents, the City requested a fee proposal from JE&K to implement the design revisions to the construction documents; and WHEREAS, in August 2007, JEK presented the City with a fee proposal for the re-design, in the amount of $507,513; and WHEREAS, the City has negotiated that fee down to $428,000, and it has been established that the fee for the additional services requested appears fair and reasonable; and WHEREAS, the City will receive a credit for the $54,637 remaining design services in the original contract; and WHEREAS, the attached Amendment No. 10 increases the total Agreement fee by $383,391, for a total fee of $2,132,297. 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 Mayor and City Clerk to execute Amendment No. 10 to the Agreement between the City and Jacobs Edwards and Kelcey, Inc., in an amount not to exceed $383,391; with funding from Gulf Breeze 2006 account 423-2127 previously appropriated for Design and Engineering in the Fiscal Year 2006-2007 capital budget, for additional design services for the Venetian Islands Neighborhood Right-of-Way Improvement Project Bid Package No. 13C, comprised of San Marino, Di Lido, and Rivo Alto Islands. PASSED and ADOPTED this 5th day of September,2007. ATTEST: G~I~C~ ~' CITY CLERK Matti Herrera Bower Robert Parcher Vice-Mayor gPPRO` QED AS 1 V FORM 8~ LANGUAGE ~ FOR EXECUTION T:V~GENDA~200Tsep050TRegular~EBK AMENDMENT NO. 10 -ADDITIONAL SERVICES FOR BP138 and 13C RESO.doc ,r - 3e Q ~t ome ~ Dat COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the City Commission, approving and authorizing the Mayor and City Clerk to execute Amendment No. 10 to the Agreement between the City and Jacobs Edwards and Kelcey, Inc., formerly known as Edwards and Kelcey, Inc., in an amount not to exceed $383,391 for additional design services, for the Venetian Islands Neighborhood Right-of-Way Improvement Project Bid Package No. 13C, comprised of San Marino, Dilido, and Rivo Alto Islands. Ke Intended outcome Su ortecl: To ensure a quality, well constructed Capital Project. Supporting Data (Surveys, Environmental Scan, etc.): Road Maintenance repair appears as one of the most important areas affecting residents quality of life; condition of roads and storm drainage are key drivers of City services for tax dollars paid; 42% of residents rated storm drainage as excellent or good and 26% rated it poor; 49% of residents rated condition of sidewalks as excellent or good. Issue: Should the Commission approve Amendment No. 10 to the Agreement with Jacobs Edwards and Kelcey, Inc.? Item Summary/Recommendatlon: On October 15, 2003, the City Commission approved the Basis of Design Report (BODR) for the Venetian Islands Neighborhood Right-of-Way Improvement Project Bid Packages No. 13C. Based on those improvements approved in the BODR, Jacobs Edwards and Kelcey was given the Notice to Proceed (NTP) with the Design Phase task. The project was subsequently designed to the ninety percent construction document level in 2006. In May 2006, the Venetian Islands Homeowners Association (VIHA) requested that the City hold meetings with island residents to revisit the proposed improvements. As a result of meetings held with residents of RivaAlto on May 22, 2006, San Marino on May 24, 2006, Di-Lido on May 31, 2006, and subsequent presentation to the General Obligation Bond Oversight Committee on October 9, 2006, the City reached an agreement with the VIHA to modify the existing design. In the interim, ', the VIHA held discussions directly with FPL regarding the undergrounding of their utilities, and no decision ', has been made regarding this issue. Consequently, in May 2007, the City requested that Jacobs Edwards ', and Kelcey prepare a fee estimate for additional services to implement the design revisions to the current construction documents. Adviso Board Recommendation: General Obligation Bond Oversight Committee Meeting October 9, 2006 Financial Information: Source of Amount Account Funds: 1 $383,391 Gulf Breeze 2006, Fund 423-2127-061357 Previously Appropriated for Design and Engineering. 2 3 OB 1 Total $383,391 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Carla Dixon Ext. 6264 Sign-Offs: !~ ep ent Director sista City Manager City Manager JE TH r:\AG~NJ~\~ed0507\Regular\E&K AMENDMEIJ'/NO. 10 -ADDITIONAL SERVICES FQl~f BP13B 13 ummary.doc AGEIVaA ITEM l` ~ K s 1/ t '1 ~ ~~~ ~ DATI` 9 S o 7 ~ MIAMI ~E,~CH City of Miami B®ach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: September 5, 2007 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 10 TO THE AGREEMENT BETWEEN THE CITY AND JACOBS EDWARDS AND KELCEY, INC, FORMERLY KNOWN AS EDWARDS AND KELCEY, INC., IN AN AMOUNT NOT TO EXCEED $383,391 FOR ADDITIONAL DESIGN SERVICES, FOR THE VENETIAN ISLANDS NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT BID PACKAGE N0.13C, COMPRISED OF SAN-MARINO, DI-LIDO, AND RIVO ALTO ISLANDS; WITH FUNDING FROM 2006 GULF BREEZE ACCOUNT 423-2127, PREVIOUSLY APPROPRIATED FOR DESIGN AND ENGINEERING IN THE FISCAL YEAR 2006-2007 CAPITAL BUDGET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding, in the amount of $383,391, is available from the 2006 Gulf Breeze account 423- 2127, previously appropriated for Design and Engineering in the Fiscal Year 2006-2007 Capital Budget. ANALYSIS On November 13, 2002, the City of Miami Beach entered into an Agreement with the firm of Jacobs Edwards &Kelcey (JE&K), formerly know as Edwards and Kelcey, for Architecture and Engineering services for the planning, design, bid and award, and construction administration phases for the Venetian Islands Neighborhood Right-of-Way Improvement Project comprised of Bid Package No. 136 -Belle Isle and Belle Isle Park, and Bid Package 13C - Di-Lido, San Marino, and Rivo-Alto Islands. The planning and design effort with JE&K was based on a previous effort with this neighborhood utilizing a Master Plan and design that was approved by the City Commission in 1996. In 2001, the previous effort had reached a stage of somewhere between 30% and 50% construction document completion. However, the cost estimate for the project exceeded $15 million, which exceeded the. available budget at the time by roughly $10 million. The City Commission in 2001 declined to increase the project budget by this magnitude. Subsequently, the City was not able to finish negotiations with the previous designer for a full redesign of the project, which resulted in the issuance of the RFQ referred to above. The City Commission Memorandum -Edwards & Kelcey Amendment No. 10 September 5, 2007 Page 2 of 4 cost to the City for this effort was approximately $400,000. The plans for Venetian Islands Neighborhood Right of Way (ROW) Improvement Project, Bid Package No. 13B (Belle Isle and Belle Isle Park) were completed in August 2005, and the Notice to Proceed (NTP) with the construction issued on May 16, 2006. Alpine Construction Management Corporation (Alpine) mobilized on the Belle Isle site in May, 2006, the construction is currently underway and approximately sixty percent (60%) complete. On October 15, 2003, the City Commission approved the Basis of Design Report (BODR) for the Venetian Islands Neighborhood Right-of-Way Improvement Project Bid Packages No. 13C. Based on the improvements approved in the BODR, JE&K was given the Notice to Proceed (NTP) with the Design Phase task. The project was subsequently designed to the ninety percent (90%) construction document level in 2006. This design effort was valued in the JE&K Agreement at $492,377. Additional services for re-design efforts have been previously approved in the amount of $285,138. The total current fee for this neighborhood is $777,515. With the additional design effort, which is the subject of this agenda item, the design fee will grow to $1,160,906. The current construction budget for the project is approximately $4.5 million. In May 2006, the Venetian Islands Homeowners Association (NINA) requested that the City hold meetings with island residents to revisit the proposed improvements. These meetings were held with the residents of Rivo Alto on May 22, 2006, San Marino on May 24, 2006, Di Lido on May 31, 2006. During these meetings, residents (many of whom are fairly new to the City) expressed opposing views as to their preference for pavement widths. While some residents accepted the design, as presented in the approved BODR, others preferred to maintain the present street widths. The VIHA subsequently determined that this matter needed to be placed to a vote and proceeded to mail ballots to the residents so that they would choose one of the street width options. The street width options resulting from the vote require significant modification to the street widths designed in the ninety percent (90%) Construction Documents. A subsequent presentation to the General Obligation Bond Oversight Committee was made on October 9, 2006. At this meeting, which was well-attended by VIHA members, the G.O. Bond Committee voted to recommend the modified design to the City Commission. A caveatwas included that made the changes potentially dependent upon the outcome of a request by the VIHA to underground the existing FPL utility distribution facilities at Di Lido. The redesign changes requested by the VIHA are significant, in that the City's original approach to the encroachment removals, and minimum roadway width requirements had to be re-evaluated. The proposed changes to the street widths, reviewed and accepted by the City's Public Works Department also resulted in revisions to the demolition, typical roadway sections, roadway design, signage and pavement marking, landscaping and electrical plans for all three (3) islands. These changes have a significant cost and time impact to the project because the project has to be again redesigned. In the interim, the VIHA held discussions with FPL regarding the under-grounding of utilities at Di Lido Island, and no decision has been made on this issue as of the time of this memorandum. Consequently, in May 2007, the City requested that JE&K prepare a fee estimate for additional services to implement the design revisions to the current construction documents as established in the community meetings and independently of the possible FPL under-grounding of utilities. In August 2007, JE&K presented the City with a fee proposal for the re-design of the Project. The scope of work for the proposed revisions is as City Commission Memorandum -Edwards & Kelcey Amendment No. 10 September 5, 2007 Page 3 of 4 follows (typical sections are attached that illustrate portions of the changes): Rivo Alto Island Keep existing street widths as they exist on Rivo Alto Island. This will require that the current ninety percent level (90%) paving, grading and drainage drawings be revised to illustrate the wider existing conditions that are to remain. Full reconstruction of all asphalt surfaces within the Right-of-Way (ROW) with milling and resurfacing are to remain as currently designed. Revisions implemented through these changes must also be coordinated with the rest of the Construction Documents. It is anticipated that maintaining the existing pavement width on this island will result in significant impacts to the proposed landscaping schemes. As such, landscape drawings, as well as encroachment tabulations, must be revised to address the new conditions. In addition, encroachment tabulations should be revised to account for the City's position that only site line /safety related items be targeted for reclamation, unless extenuating design circumstances indicate the need for removal. This latest position came about as a result of extensive discussions with the community regarding the existing planting improvements done by the residents in the public right of way. As agreed with residents, landscape plantings will be targeted to be of a scale that generally complies with the intent of FPL Planting Guidelines for Materials Adjacent to Overhead Utilities. Di Lido Island Narrow existing street widths to 25.5 ft on DiLido Island. This narrowing should be implemented on only one side of the existing street to allow for a corridor that maybe used by residents at a future date for the underground placement of utilities. This will require that the current ninety percent level (90%) paving, grading and drainage drawings be revised to illustrate the revised asphalt width, which is wider than the 20-ft roadways proposed in the current documents. Full reconstruction of all asphalt surfaces within the ROW, with milling and resurfacing are to remain as currently designed. Revisions implemented here must be coordinated with the construction documents. It is anticipated that reducing the existing pavement width to a lesser degree than originally proposed by the BODR and current drawings will result in significant impacts to the proposed landscaping schemes. As such, landscape drawings, as well as encroachment tabulations, must be revised to address the new conditions. In addition, encroachment tabulations should be revised to account for the City's position that only site line /safety related items be targeted for reclamation, unless extenuating design circumstances indicate the need for removal. This latest position came about as a result of extensive discussions with the community regarding the existing planting improvements done by the residents in the public right of way. • As agreed with residents, landscape plantings will be targeted to be of a scale that generally complies with the intent of FPL Planting Guidelines for Materials Adjacent to Overhead Utilities. San Marino Island City Commission Memorandum -Edwards &Kelcey Amendment No. 10 September 5, 2007 Page 4 of 4 • Keep existing street widths on San Marino as they currently exist, with the exception that the Public Works Department requires minimum 9-ft travel lanes for a permittable design. Hence, wherever there is less than 18-ft of asphalt surface width, the design must be revised to provide for such accordingly. Landscape drawings must be revised to address this condition. In addition, encroachment tabulations should be revised to account for the City's position that only site line /safety related items should be targeted for reclamation, unless extenuating design circumstances indicate the need for removal. This latest position came about as a result of extensive discussions with the community regarding the existing planting improvements done by the residents in the public right of way. As agreed with residents, landscape plantings will be targeted to a scale that generally complies with the intent of FPL Planting Guidelines for Materials Adjacent to Overhead Utilities. In August 2007, JEK presented the City with a fee proposal for the Additional Design Services to revise the 90% Construction Documents, in the amount of $507,513, plus an additional $10,000 allowance for reimbursables. The City has negotiated that fee down to $428,028, plus the allowance for reimbursables. However, there is $54,637 remaining forthe original design effort, so only $383,391 is being requested atthis time. The JE&K Agreement is for planning and design only and does not include Construction Administration. In order to build the project, a future contract amendment will need to be submitted to the City Commission for consideration and approved for JE8~K for Construction Administration. The $383,391 appropriation being requested, is comprised as follows: Additional Design Services Requested by JE&K ....................................$428,028 Additional Reimbursable Allowance .....................................................$10,000 Design Services Balance in Original Contract ....................................... 54 637 Total Appropriation being Requested ................................................. $383,391 CONCLUSION The City's Program Manager, Hazen and Sawyer, and the CIP Office, have evaluated and negotiated the fee requested and find it to be fair and reasonable. As such, the Administration recommends approval of Amendment No. 10 to the Agreement between the City of Miami Beach and Jacobs Edwards and Kelcey for the provision of additional Design Services for the Venetian Islands Neighborhood Right- of-Way Improvement Project, Bid Package 13C. Attachment T:~AGENDA~2007~sep0507~Regular~E&K AMENDMENT NO. 10 -ADDITIONAL SERVICES FOR BP136 and 13C MEMO.doc