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Attachment TT CITY OF MIAMI BEACH ;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 COMMISSION MEMORANDUM NO. 168-9~ TO: Mayor Neisen O. Kasdin and Members of the City Co mission DATE: March 3, 1999 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT ARCHITECTURAL AGREEMENT WITH BERMELLO, AJAMIL & PARTNERS, IN THE AMOUNT OF $136,300, TO PROVIDE ARCIDTECTURAL/ENGINEERING SERVICES FOR THE NORTH SHORE OPEN SPACE PARK DESIGN, AS PROPOSED IN THE CITY'S PARKS MASTER PLAN AND APPROVED BY THE MAYOR AND CITY COMMISSION; WITH FUNDING AVAILABLE FROM THE $2.1 MILLION ALLOCATED IN THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD P ARKS BOND TO RENOVATE NORTH SHORE OPEN SPACE PARK. ~ FROM: Sergio Rodriguez City Manager ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: On July 16, 1997, the City Commission authorized an agreement with Bermello, Ajamil & Partners for the design of various parks to be renovated within the City's $15 million Parks General Obligation Bond Improvements Program. Included in their agreement was North Shore Open Space Park with an estimated project construction budget of $455,167. The fee to be paid to Bermello, Ajamil & Partners for the design of North Shore Open Space Park, based on their contractually negotiated rate of 7.2% of the construction cost was $32,772. Since that time the following milestones have transpired: . On May 20, 1998, the City Commission approved the schematic plans and the base bid budgets for each project but requested the improvements to North Shore Open Space Park be held in abeyance pending resolution of the issues impacting the park and Altos del Mar property . 411 DATE R'lt'J 3- 3-49- AGENDA ITEM . Instructed Bermello, Ajami1 & Partners not to proceed, and their fee of $32,772 was redistributed to other improvements in the Parks Bond Program. . Redistributed the $455,167 allocated for the park to the other parks projects. . December 16, 1998, the City Commission approved the submission of an application in the amount of$2.1 million, to the Miami-Dade County Safe Neighborhood Parks Bond program for the renovation and restoration of North Shore Open Space Park. . January 20, 1999, the City Commission instructed the Administration to initiate actions to acquire the Park and west side parking lots back from the State of Florida and proceed with the improvements recommended in the City's Parks Master Plan for North Shore Open Space Park. . February 17, 1999, the City Commission rejected a Resolution amending the Bermello, Ajarnil & Partners agreement with the City to provide the architectural/engineering work necessary to renovate North Shore Open Space Park as proposed in the City's Parks Master Plan and further directed the Administration to renegotiate the fee structure for this project with Bermello, Ajami1 & Partners. The following cost break down was also included as background information in the 2/17/99 commission Agenda item. Based on the City Commission's directives of December 16, 1998 and January 20, 1999, the Administration is proceeding with the restoration of the Park. In order to accomplish this, the agreement for the architectural firm of Bermello, Ajamil & Partners must be amended to reflect the cost of$136,300 for the architectural/engineering services. The following is a breakdown of the $2.1 million Safe Neighborhood Parks allocation: . Estimated Project Construction Costs $1,775,000 . Demolition of deteriorated boardwalks (Previously approved by Commission) $ 41,820 . Miami-Dade County's bond handling fees (1%) $ 21,000 . Bermello, Ajami1 & Partners, Inc. AlE Fees ($127,800 for architectural/engineering services, based on 7.2% of an estimated project budget of$1,775,000 and $8,500 for surveying and reimbursables) $ 136,300 . City Project Administration and oversight, pennitting, inspections, conducted by Public Works, Parks and Recreation, Planning, Zoning and other City Departments. TOTAL: $ 125.880 $2,100,000 412 ANAL YSIS: As directed by the City Commission on February 17, 1999, the Administration contacted Mr. Bermello, President of Bermello, Ajamil & Partners, Inc. to request a reduced fee for the scope of work to be completed on the North Shore Open Space Park project. Mr. Bermello indicated he clearly understood and shared the City's position that the maximum amount of funding available should be directed toward the construction of the program. Mr. Bermello also stressed that Bermello, Ajamil & Partners, Inc. was awarded their agreement by the City Commission through a city competitive selection process and is in fact working for the lowest percentage of the three firms under contract. It was Mr. Bermello's position that B&A is making every effort to cost-effectively design the parks under their agreement, and to successfully accomplish the City's objectives the fee must remain at 7.2% of the construction budget. Based on this information the Administration offers the following options for consideration: 1. Approve the attached Resolution amending the existing agreement with Bermello, Ajamil & Partners by $136,300 and authorize them to provide the architectural/engineering services for the North Shore Open Space Park as proposed in the City's Parks Master Plan. This option will enable the project to proceed on the most timely path. It should be noted that based on past projects of this magnitude it is estimated that the design, review and construction document preparation process will take no less than twelve months from the initial Notice to Proceed. This includes the completion of schematic drawings, the community presentations, staff reviews, Design Review Board approval, revisions to the drawings, completion of the construction drawings and bid documents, issuance of the bids and award of bid. The improvements planned for North Shore Open Space Park include a new recreation/nature center, renovations of restrooms, complete boardwalk and pathway renovations including the ADA accessibility issues referenced in Option No. III, security lighting, new playground and Vita Course replacement, park signage, new irrigation, fencing restoration, eradication of exotic plant materials and the planting of native landscaping. The funding for this project is allocated from the Miami-Dade County Safe Neighborhood Parks Bond program. There is a condition that stipulates that the funding must be expended within three (3) years from the award. Due to the substantial scope of this project, the timing of the implementation is critical. Failure to expend the funds in the required time puts the City at risk of losing this funding. The maximum exposure to the City if we proceed with this option is $136,300. The potential risk of proceeding must be weighted against the substantial delays this project has experienced to date, the expectation that the design review process could take several more months to gain approval and the time needed for the bidding and construction req~ired to complete the project. The approval of this action will better ensure the City complies with the funding requirements and not risk the loss of funding. It should also be noted that the Administration is reasonably confident that the State of Florida will respond positively in the near future to the request to return North Shore Open Space Park to the City. In case the State's response is negative, the agreement with Bermello, Ajamil & Partners, Inc. for this project can be suspended or terminated depending on the City Commission's direction. 413 II. Approve the attached Resolution amending the existing agreement with Bermello, Ajamil & Partners by $136,300 and authorize them to provide the architectural/engineering services for the North Shore Open Space Park, as proposed in the City's Parks Master Plan, with the clear understanding that only the schematic and design development phases of the program will be implemented until such time as the park related issues with the State of Florida are resolved. Approving this action will permit the program to proceed and eliminate further lost time in implementing the project. This scope of services will include the completion of the site analysis, schematic drawings and related internal administration and staff reviews, design development documents, presentations to the community and Design Review Board. It will also include the work to be completed in Option III. The projected fee for architectural design work for these phases of the program is approximately $45,000, and would require approximately sixteen (16) weeks to complete the scope of work from the Notice to Proceed. The documents will then be submitted for the Design Review Board process. This process is anticipated to take no less that three (3) months. III. Approve the Resolution at this time but only authorize the design work related to the accessibility issues including the ADA ramps, handrails and pathways that were demolished as unsafe structures. Again, authorization to proceed with the remaining work would be withheld until the issues with the State of Florida are resolved. The projected fee for architectural design work for phase is approximately $15,000 and would require ten (10) weeks to complete the drawings and prepare the bid documents, from the issuance date of the Notice to Proceed. It is imperative this work is completed as soon as possible because the ADA compliant ramps and all other access to the restrooms has been demolished. If the City does not proceed with this component of the work there is a risk of an ADA complaint being filed. CONCLUSION The Administration recommends the approval of the attached Resolution and the implementation of Option I. SRJA~ . T:\AGENDA \ 1999\MAR0399\CONSENT\NSOPB&A.3ME 414 , I RESOLUTION NO. q<q - ~30q () A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT ARCIDTECTURAL AGREEMENT WITH BERMELLO, AJAl\flL & PARTNERS, IN THE AMOUNT OF $136,300, TO PROVIDE ARCHITECTVRAL/ENGINEERING SERVICES FOR THE NORTH SHORE OPEN SPACE PARK DESIGN, AS PROPOSED IN THE CITY'S PARKS MASTER PLAN AND APPROVED BY THE MAYOR AND CITY COMMISSION; WITH FUNDING A V AILABLE FROM THE $2.1 MILLION ALLOCATED IN THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND TO RENOVATE NORTH SHORE OPEN SPACE PARK. WHEREAS, on July 16, 1997, the Mayor and City Commission approved an agreement with Bermello, Ajamil & Partners, to provide professional architectural/engineering services for various parks to be improved in the $15 million General Obligation Bond Program including North Shore Open Space Park, with an estimated project budget of$455,167; and WHEREAS, on May 20, 1998, the Mayor and City Commission approved the schematic plans and the base bid budgets for each project and directed that the improvements to North Shore Open Space Park be postponed pending the resolution of the North Shore Open Space Park/Altos del Mar issues, and the architecturaVengineering fees and construction funds allocated in the Parks Rond for this project be redistributed to other sites in the program; and WHEREAS, on December 16, 1998, the Mayor and City Commission approved the submission and appropriation, if funded, of a grant application in the amount of $2.1 million, to the Miami-Dade County Safe Neighborhood Parks Bond Program for the renovation and restoration of North Shore Open Space Park; and WHEREAS, on January 20, 1999, the Mayor and City Commission instructed the Administration to initiate actions to acquire the Park and west side parking lots back from the State of Florida's Departmeqt of Environmental Protection, Division of State Lands, Bureau of Land Management, and proceed with the improvements recommended in the City's Parks Master Plan for North Shore Open Space Park with the $2.1 million from the Miami-Dade County Safe Neighborhood Parks Bond Program; and WHEREAS, the Administration is proceeding with the restoration of the Park and the Agreement with Bermello, Ajamil & Partners must be amended to reflect an increase of$136,300 ($127,800 for architectural/engineering services and $8,500 for surveying and reimbursables) to complete the identified scope of work to North Shore Open Space Park. 415 " "..~,,,.,.... NOW THEREFORE, BE IT DULY RESOL VED BY THE MAYOR AND CITY' COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the Mayor and City Clerk to execute an Amendment to the current Architectural Agreement with Bermello, Ajamil & Partners, in the amount of$136,300, to provide the architectural/engineering services for the North Shore Open Space Park design as proposed in the City's Parks Master Plan and approved by the Mayor and City Commission; with funding available from the $2.1 Million allocated in the Miami-Dade County Safe Neighborhood Parks Bond to renovate North Shore Open Space Park. PASSED and ADOPTED this 17th day of February, 1999. MAYOR ATTEST: CITY CLERK M:ISCMBlTEMPINSOPB&A.RES . /....:1VED AS TO r :"'" ':/ ..'~. LA,' ~ JGU!AGE . . ". -" ''I Ot fO~ 8{ECUTJON 11/ ~ 'Jj/O!'J Daie 416 After Action March 3, 1999 City of Miami Beach R7D Commission Memorandum No. 188-99 A Resolution Authorizing the Mayor and City Clerk to Execute an Amendment to the Current Architectural Agreement with Bermello, Ajamil & Partners, in the Amount of $136,300, to Provide Architectural/Engineering Services for the North Shore Open Space Park Design, as Proposed in the City's Parks Master Plan and Approved by the Mayor and City Commission; with Funding Available from the $2.1 Million Allocated in the Miami-Dade County Safe Neighborhood Parks Bond to Renovate North Shore Open Space Park. Administration Recommendation: Adopt the Resolution. (Parks and Recreation Department) ACTION: Resolution No. 99-23090 adopted. Motion made by Commissioner Cruz; seconded by Vice-Mayor Gottlieb; voice vote: 7-0. Kevin Smith to handle. City Clerk's Note: Correct PASSED AND ADOPTED date of resolution to reflect March 3, 1999. R7E Commission Memorandum No. 189-99 A Resolution Approving a Request by Marquesa Development, Ltd, to Modify That Certain Development Agreement Dated October 9, 1984 and Commonly Referred to as the 1984 Development Agreement for Property Described Therein as the Cheezem - South Pointe Parcel and the Concept Plan, in Accordance with the Design Review Board Under DRB File No. 9943. 11:00 a.m. Second and Final Public Hearin~ Administration Recommendation: Adopt the Resolution. (Planning Department) (First Hearing 2/17/99) ACTION: Public hearing held. Resolution No. 99-23091 adopted. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Liebman; voice vote: 7-0. Dean Grandin to handle. Cliff Shulman, representing Marquesa Development, stated that he had no problem with recommendation #2 but expressed concern and requested clarification on # I which states the developer shall submit to the City Administration for review, approval and refinements to the entrance exit and related design features of the approved driveway at South Pointe drive. Mr. Shulman stated that he will work with the Administration on the design features of the driveway area, but was concerned and would not agree to changing the location of the entrance and exit. Responding to Mr. Shulman, the City Manager stated that, only the existing entrance and exits would not be changed; Mr. Shulman found this acceptable. Mr. Shulman also stated that the Design Review Board specifically approved the driveway and to work with the Administration on the placement of a public art feature of some sort that is pedestrian friendly in nature. Administration will work on some architectural alternatives that incorporate public art features. 20