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