Loading...
HomeMy Public PortalAbout2007-38 Work Authorization with PBS&JRESOLUTION NO. 2007-38 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPROVE WORK AUTHORIZATION WITH POST BUCKLEY SCHUH AND JERNIGAN, INC. ("PBSJ"), PROVIDING FOR PBSJ TO PROVIDE DESIGN AND CERTAIN RELATED SERVICES FOR THE VILLAGE'S WATER, SANITARY SEWER AND REUSE WATER PROJECT; PROVIDING FOR IMPLEMENTATION OF ENGINEERING WORK AUTHORIZED BY THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Manager has recommended that the Village Council authorize Post Buckley Schuh and Jernigan, Inc. ("PBSJ") to perform additional engineering services for the Village pursuant to the continuing contract for engineering services between the Village and PBSJ, so as to enable the Village Council to have the benefit of certain necessary engineering services for the water, sanitary sewer, and reuse water improvement project of the Village (the " Project" ), as described in the attached Work Authorization ; and WHEREAS, the Village Council finds that it is in the best interest of the Village to authorize the Village Manager to arrange for PBSJ to provide the necessary professional engineering services, as referenced above, as further described in PBSJ's proposal dated May 11, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Work Authorized: Funding A. That the Village Manager is hereby authorized to execute the Work Authorization with PBSJ to obtain the above described engineering services from PBSJ, subject to approval of the Village Attorney as to form and legal sufficiency of the Work Authorization , and subject to the restriction that the fees and costs charged to the Village for such engineering services shall not exceed a lump sum fee of Two Hundred Eighty Two Thousand Dollars($282,000) for the work described in the proposal. The proposal, as approved and executed, constitutes a Work Authorization for the Project, pursuant to the continuing contract. B. That the funding source for the above described work of PBSJ shall be as provided in the Village's Manager's memorandum which accompanies this item. Section 3. Implementation. That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this Resolution and the Work Authorization. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 28th day of August, 2007. MAYOR ROBERT L. VERNON CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T A FORM AND LEGAL SUFFICIEN VILLAGE ATT F:/103 001/Resolutions/Enter into a work authorization with Post Buckley Schuh etc. 7.6 07 VILLAGE OF KEY BISCAYNE Village Council Robert L. Vernon, Mayor Jorge E. Mendia, Vice Mayor Michael Davey Enrique Garcia Steve Liedman Thomas Thornton Patricia Weinman Department of Building, Zoning and Planning DT: August 23, 2007 TO: Honorable Mayor and Village Council FR: Jud Kurlanclfieel4, nterim Village Manager RE: Post Buckley Schuh & Jernigan Director Jud Kurlancheek, AICP Chief Building Official Eugenio M. Santiago, P.E. At your July 31, 2007 meeting, the Council was presented with a Resolution approving a letter agreement with Post Buckley Schuh & Jernigan (PBS&J) for expanded and new engineering services in connection with the Village's Sanitary Sewer Project. The Council deferred taking action on the item pending a report and recommendation from me. The purpose of the Memorandum is to provide you with the background and a recommendation. BACKGROUND 1998 In 1998, the Village entered into an agreement with PBS&J for a fixed fee of $400,000 pursuant to which PBS&J was obligated to design and assist the Village in the permitting of a sanitary sewer system for substantial portions of the Village's single family residential district. A copy of the Agreement is attached and is labeled Exhibit "A". The design was completed, the project was permitted, however, no construction ensued. The agreement was for a term of three (3) years and has expired. 2005 In February, 2005, the Village Council authorized and approved the hiring of PBS&J to update the original plans and assist in the re -permitting and re -bidding process. Additionally, the Council authorized the hiring of PBS&J to design and permit the replacement/reconstruction of the Village's water distribution system within the same areas proposed for the sanitary sewer system. The entire scope of work included eight (8) individual tasks. The Council authorized this work for a fee not to exceed $194,043, however, the actual letter agreement approved by the Council was for a total of $224,043. A copy of the Resolution (Exhibit "B") and letter agreement (Exhibit "C") is attached. This work has been substantially completed and paid for. 88 West McIntyre Street • Suite 250 • Key Biscayne, Florida 33149 • (305) 365-5512 • Fax (305) 365-5556 MISSION STATEMENT 'TO PROVIDE A SAFE QI AIEIY COMMUNITY ENVIRONMENT FOR AIL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT' www keybiscayne fl gov 2006-2007 In late 2006, it became apparent that the process of updating and permitting the plans for the sanitary sewer project was far more complicated and difficult than originally anticipated by PBS&J. It also became apparent that additional professional engineering services would be needed for the financing and construction phases of the project. Beginning in November 2006, the Administration and PBS&J began a re -negotiation of the cost to complete the design and permitting work under the terms of the February 7, 2005 Agreement as well as the cost of the new work for the financing and construction phases. In order to assist the Administration in this negotiation. An Owner's Represenative (Jose Lopez) was hired under an employment contract in February 2007 and C3TS (Ramon Castella) was retained as our Construction Manager in May 2007. The management team is presented in the attached organizational chart labeled Exhibit "E" and our Financial Flow Diagram is labeled as Exhibit "F". The attached draft agreement (Exhibit "D") was negotiated by the Administration in the amount of $282,000 which is divided into three general categories: Updated/Additional Sewer Design and Permitting $150,000 Funding Assistance 32,000 Construction Services 100,000 Total $282,000 The negotiated agreement was presented to the Council for approval at the last meeting. C3TS has reviewed all of the documentation related to the above fees and they have advised the charges are appropriate. There report is attached and is labeled (Exhibit G"). With the good faith belief that the agreement would be approved by the Council, PBS&J has substantially completed the updated re -design and permitting work as well as the new work in connection with the financing of the project. They have also commenced work on the construction phase of the project. Attached is a report from PBSJ (Exhibit "H") which provides their justification for the delay in obtaining permits. RECOMMENDATIONS With the assistance of the Village's Consulting Engineers (CT3S) and the Village Attorney, I have carefully evaluated the relevant facts and circumstances as well as documentation supporting the actual work which has been performed to date by PBS&J. Based upon this evaluation, I believe that: 1. The letter agreement and the fees requested by PBS&J are fair and equitable and should be approved by the Village Council. 2. The additional work was necessary in order to obtain the permits. 3. Members of the Administration were aware that PBS&J was performing the additional work and knew the cost was substantially above contracted amount. 4. PBS&J was performing this work in good faith and they believed they would be compensated. 5. The Village Council directed the Administration to obtain the permits and start construction as expeditiously as possible. 3 An employee -owned company May 11,2OO7 Mr. Armando Nunez Public Works Director Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 RE: Additional Design Services and Funding and Negotiation Assistance for the Village of Key Biscayne's Sanitary Sewer System and Water Main Improvement Projects File: 01-1588.00 #1 Dear Mr. Nunez, As per your request, we are submitting our scope and fee proposal to provide additional services for the Village's water and sewer projects. Specifically, PBS&J is proposing the following be completed: Scope of Work Task 1 Additional Design and Permitting Services In the original proposal dated January 25, 2005, PBS&J requested $16,408 for revisions to the original sanitary sewer design. These funds have been exhausted due to the extent of the revisions required to the sanitary sewer system resulting from various conflicts with existing utilities, existing landscaping, design constraints provided in the existing sewer system master plan from 1997 and extensive dry -run review comments from Miami -Dade Water and Sewer Department (MDWASD). Task 2 Funding Assistance PBS&J will assist the Village in identifying funding sources and securing these funds for use in the construction of the referenced project. Task 2.1 State Revolving Loan Request for Inclusion and Planning Document PBS&J, along with Estrada Hinojosa & Co., Inc, assisted the Village in preparing the Request for Inclusion and associated forms for submittal to the Florida Department of Environmental Protection's (FDEP) for evaluation of the sewer project for State funding. This task included providing a summary ofthe revisions to the project since the 1997 Planning Document, prepared by 2001 Northwest 107th Avenue, Miami, Florida 33172-2507 • Telephone (305) 592-7215 • www.pbsj.com Mr, Armando Nunez Page 2 May 11, 2007 C.A.P. Engineering and assisting the Village with the preparation of a letter, with required attachments, to F'DEP requesting the re -affirmation ofthe 1997 Planning Document as modified by the letter. Also included in this task is the preparation of copies of the plans and specifications for FDEP's review along with the Request for Inclusion. Task 2.2 EPA Grant Funding and Categorical Exclusion The United States Environmental Protection Agency (EPA) has completed the review of the Categorical Exclusion prepared by PBS&J in 2004 and has requested that environmental clearances be obtained from the following agencies: • U. S. Fish & Wildlife Service - Endangered Species • U. S. Army Corps of Engineers- Wetlands Impacts • State Historic/Cultural Resources Agency As part of this task, PBS&J prepared the requested submittals for these agencies in order to comply with the comment from the EPA. In addition, PBS&J assisted the Village in completing the EPA Application for Federal Assistance and attachments for grant funds. The EPA Application for Federal Assistance was submitted to the EPA on December 13, 2006. Task 3 Negotiations Assistance PBS&J will and has attended several meetings with various entities as part of funding negotiations. These may and have included the following: • Consultations with MDWASD • Consultations with County Manager • Consultations with County Commissions • Consultations with Miami Dade Departments • Consultations with Village's Financial Advisors Task 4 Engineering Services during Construction (ESDC) It is assumed, herein, that construction management services for the project are not a part of this contract, that the Client's construction manager will be the primary and sole point of contact with the construction contractor, and that PBS&J will provide limited engineering services during construction in a supporting role as described below: Task 4.1 Shop Drawings and Technical Submittals It is assumed, herein, that the Client will receive and log shop drawings and technical submittals required to be submitted by the construction contractor and will transmit copies to PBS&J. PBS&J Mr. Armando Nunez Page 3 May 1 1, 2007 will review and return submittals to the Client's construction manager within 15 working days of receipt. The review will be in accordance with PBS&J specifications and for conformance with the design concept and compliance with the contract documents. Task 4.2 Request for Information PBS&J will issue technical interpretations and clarifications of the contract documents, along with associated support materials, as requested by the construction manager. These interpretations will be rendered and a response prepared and submitted to the construction manager within one week of the construction manager's RFI. A total of approximately 100 RFI's has been assumed in development of the engineering fees. Task 4.3 Site Visits PBS&J engineering staff will visit the project at intervals appropriate to the various stages of construction to observe the progress and quality of work. The number of site visits was based on an estimated total construction duration of 18 months. If the construction duration exceeds 18 months or there is need for greater number of visits then an addendum to this contract for additional compensation will be required. Schedule and Budget Schedule PBS&J is proposing the following schedule for this project: Task Task 1.1 Task 1.2 Description Draft Letter Request for Inclusion EPA Application for Federal Funds Approximate Duration Completed Completed Completed Budget PBS&J is proposing a lump sum fee not to exceed $282,000 to complete the tasks listed in the scope above. Task Budget 1 Additional Design and Permitting Services $150,000 2 Funding Assistance 2.1 State Revolving Loan Request for Inclusion and Planning Document $7,000 2.2 EPA Grant Funding and Categorical Exclusion $15,000 3 Negotiations'Assistance $10,000 Mr, Armando Nunez Page 4 May 11, 2007 Task Budget 4 Engineering Services during Construction (ESDC) $100,000 Total $282,000 Regarding additional design and permitting services, a total of$327,755 has been spent to date by PBS&J on this project, including survey, design, permitting and cost estimates, and out of scope services including attendance at meetings, funding assistance and negotiation assistance. Excluding the proposed budgets for out of scope services, the total spent to date is $295,755 $327,755 Spent to date (including out of scope services) $ 22,000 Proposed Funding Assistance (completed, out of scope work) - $ 10,000 Proposed Negotiations Assistance (completed, out of scope work) $295,755 Spent to date on survey, design, permitting and cost estimates Therefore, the previously proposed budget has only been exceeded by $60,859. $295,775 Spent to date on survey, design, permitting and cost estimates - $229,114 Budget on executed scope of services $ 5,802 Less Bid Phase Services remaining $ 60,859 Budget Exceeded on design and permitting only The increase in the design fee is a result of a project that is more extensive than originally anticipated in the planning stage. This difference in anticipated design effort and actual design effort, accordingly, resulted in a more extensive work effort on the part of PBS&J. Additionally, extensive revisions, based on the dry -run comments received from MDWASD, were required. In the original proposal dated January 25, 2005, PBS&J requested $16,408 for modifications to the existing sanitary sewer design. These revisions were not expected at the time the budget was prepared. We are requesting $150,000 to cover the amount exceeded in design/permitting and the anticipated expense to complete revisions and permitting of Zones 2/3. The construction cost for this project, including water and sewer for Zones 1, 2/3 and 4, is approximately $20 million. A typical design fee, based on approximately 6% of this estimate, is $1.2 million. To date, our agreed upon budgets for the overall project is $597,614 ($368,500 design effort and $229,114 for the current design scope). This proposal is for $150,000 in additional fees for design and $100,000 for ESDC. Including the proposed amounts, this results in a total of $847,614, (4.24.%) which is less than expected for the size of this project. Mr, Armando Nunez Page 5 May 11, 2007 Exceptions The following are not included in this proposal: • Guaranties on securing funding • Preparation of a new planning document or revisions to the existing planning document • Travel outside of Miami -Dade, Broward and Palm Beach Counties • As -built or record drawings for this project • Permit fees • Public Hearings • Environmental Assessments • Services Associated with Easement Acquisitions • Construction Management and Inspection Services Value Engineering (VE) • Maintenance of Traffic (MOT) • Any additional services other than those specified herein We appreciate the opportunity to submit this proposal, and look forward to working with the Village on this assignment. If you have any questions, please call me at 305-514-3218. Sincerely, PBS&J Patricia A. Carney, P Program Manager PAC/avd cc: Jose Lopez, Village of Key Biscayne Accepted by: Signed c Typed Name Title Village of Key Biscayne Date