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2010-27341 ResoRESOLUTION No. 2010-27341 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE TRANSFER OF $157,000 IN UNUSED FUNDS FROM ACCOUNT NUMBER 480-2448-061357 FOR DESIGN, TO ACCOUNT NUMBER 480-2448-069357 FOR CONSTRUCTION, TO FUND CONSTRUCTION ACTIVITIES FOR THE INTERIOR BUILD-OUT OF THE CITY OWNED 30,000 SF OF TENANT SPACE IN THE MULTI-PURPOSE PARKING FACILITY (CITY HALL GARAGE) PURSUANT TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY AND LINK CONSTRUCTION GROUP INC., WITH FUNDING FROM PREVIOUSLY APPROPRIATED FUNDS FROM FY 06/07 CAPITAL BUDGET IN THE PARKING OPERATING FUND 480. WHEREAS, pursuant to Invitation to Bid (ITB) No. 40-08/09, for the Multi- purpose Municipal Parking Facility Bid Package 4: Tenant Build-Out for Specific Tenant Improvements, the City Commission awarded a construction contract to Link Construction Group, Inc. (Link) on July 15, 2009, in the amount of $1,165,607.60, with a ten percent (10%) construction contingency, in the amount of $116,560.76; and WHEREAS, the CIP Office authorized Change Order No. 1 on February 2010, in the amount of $114,167.97, which depleted the construction contingency amount by 98%, thereby leaving $2,392.82 in construction contingency; and WHEREAS, the Administration requests that the City Commission hereby approve a transfer of funds in the amount of $157,000 from Account No. 480-2448- 061357 for Design, to Account No. 480-2448-069357 for Construction to fund the aforestated Construction Contingency; and WHEREAS, funding is available from previously appropriated un-used funds originally allocated for design in the Fiscal Year 06/07 Capital Budget from Parking Operating Fund 480. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and the transfer of $157,000 in unused funds from Account number 480-2448-061357 for Design, to Account number 480-2448-069357 for Construction, to fund construction activities for the interior build-out of the City owned 30,000 SF of tenant space in the Multi-Purpose Parking Facility (City Hall Garage) pursuant to the Construction Contract between the City and Link Construction Group Inc., with funding from previously appropriated funds from FY 06/07 Capital Budget in the Parking Operating Fund 480. PASSED AND ADOPTED this ~ day of l~a~~~ 2010 M I HERR BOWER, MA OR ATTEST: APPROVED AS TO ,(~, , , J~ Q~G/ FORM & LANGUAGE 'vP vu'i-U I (,(,lil & F SCUT ROBERT ff. PARCHER, CITY CLERK CITY RN ~~ Dat ~ .31~~f ~~ T:IAGENDA\2010\March 10\Consent\Link Change orders RESO-.doc -t- COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, authorizing the transfer of unused funds from account number 480-2448-061357 for Design to account number 480-2448- 069357 for Construction to fund construction activities for the interior build-out of the city owned 30,000 sf of tenant space in the city hall garage to Link Construction Group Inc., in the amount of $157,000; funding from reviousl a ro riated funds in FY 06/07 Ca ital Bud et in the Parkin O eration Fund 480. Ke Intended Outcome Su orted: Ensure well-desi ned uali ca ital ro'ects Supporting Data (Surveys, Environmental Scan, etc.): NA Issue: Shall the Commission Adopt the Resolution? Item summaryrltecommenaa~lon: The recently opened City Hall Garage contains approximately 30,000 SF of tenant space fronting Meridian Avenue. This tenant space will be used to house certain City Departments among five (5) floors of the building. The departments to be located in this space shall be as follows: Level 1: Parking and Finance Departments Level 2: Parking Department -Administration Level 3: City Training Rooms: Information Technology (IT) and Office of Budget and Performance Improvement (OBPI) Level 4: Information Technology Level 5: Tourism and Cultural Development and Information Technology At this time the Administration requests additional procurement authority to incorporate the tenant build out requirement which total $107,000, as well as an additional $50,000 in procurement authority to allow for unexpected changes as they arise to address regulatory requirements, punch items, etc. in the future. The original cost per square foot of the build out improvements approximated $36 / SF. Increasing the construction activities by an overall amount of $157,000 yields a build out cost per foot of $45 / SF. The Parking Department Administration is currently leasing office space at $57,840 quarterly to the Lessor, Palm Courts, and the lease terminates on April 30, 2010. The Office of Capital Improvement Projects has fast tracked the completion of Levels 1 and 2 with Link, in order to meet this deadline. Discussions to extend the lease beyond the lease termination date of May 1, 2010 with the Lessor have ceased due to unreasonable terms being presented by the Lessor. The Administration recommends authorizing additional funding in the amount of $157,000 to fund construction activities for the interior build out of the City owned 30,000 SF of tenant space in the City Hall Garage to Link Construction Group Inc., from previously appropriated Multi-Purpose Parking Facility, FY O6/07 Capital Budget from the Parking Operating Fund 480 Advisory Board Recommendation: Financial lnfermatierr Source of Amount Account Fun 1 $157,000 From account # 480-2448-061357 for Design to account # 480-2448-069357 for Construction OB I Total $157,000 Financial Impact Summary: Clerk's Office I Hiram Siaba: Extension 6572 I Sian-Offs' De hector Assistant Ci Mana er Ci Mana er COC JGG JMG T:WGENDA\2010\March 10\Consent\Link Summary.dris~i ~ MIAN11 BEACH Ar`aEA1DA ITE~LJ7L DATE 3'~-~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 10, 2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF UNUSED FUNDS FROM ACCOUNT NUMBER 480-2448-061357 FOR DESIGN TO ACCOUNT NUMBER 480-2448-069357 FOR CONSTRUCTION TO FUND CONSTRUCTION ACTIVITIES FOR THE INTERIOR BUILD-OUT OF THE CITY OWNED 30,000 SF OF TENANT SPACE IN THE CITY HALL GARAGE TO LINK CONSTRUCTION GROUP INC., IN THE AMOUNT OF $157,000; FUNDING FROM PREVIOUSLY APPROPRIATED FUNDS IN FY 06/07 CAPITAL BUDGET IN THE PARKING OPERATION FUND 480. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution. FUNDING From the previously appropriated unused funds originally allocated for Design in the Fiscal Year 06/07 Capital Budget from Parking Operating Fund 480, to be transferred from account number 480-2448-061357 to account number 480-2448-069357 for Construction. BACKGROUND The recently opened City Hall Garage contains approximately 30,000 SF of tenant space fronting Meridian Avenue. This tenant space will be used to house certain City Departments among five (5) floors of the building. The departments to be located in this space shall be as follows: Level 1: Parking and Finance Departments Level 2: Parking Department -Administration Level 3: City Training Rooms: Information Technology (IT) and Office of Budget and Performance Improvement (OBPI) Level 4: Information Technology Level 5: Tourism and Cultural Development and Information Technology The City issued Invitation to Bid (ITB) No. 40-08/09 issued on May 11, 2009 for the Multi- purpose Municipal Parking Facility Bid Package 4: Tenant Build-Out for specific tenant improvements for the previously mentioned areas. Link Construction Group, Inc. (Link) was awarded the construction contract for the tenant improvements on July 15, 2009 in the amount of $1,165,607.60 and a ten percent construction contingency in the amount of $116,560.76. The First Notice to Proceed was issued on September 9, 2009 and the Second Notice to Proceed Commission Memorandum- City Hall Garage Tenant Improvements March 10, 2010 Page 2 of 3 was issued on December 7, 2009. Link mobilized to the project site on December 14, 2009. The City was unable to issue the Second Notice to Proceed to Link, until the Tower Group Inc., obtained a Temporary Certificate of Occupancy for the tenant space shell. Tower Group, Inc. obtained a Temporary Certificate of Occupancy on December 4, 2009. The contract duration of Bid Package 4: Tenant Build-out is 180 calendar days. Substantial completion is anticipated by June 1, 2010. Pursuant to the Commission Memorandum in Resolution # 2007-26706 the Interior Build-Out was to be funded from the Parking Operating Fund and to be reimbursed by the revenues from the rent of the various City Departments that will occupy the building. The Parking Department Administration is currently leasing office space at $57,840 quarterly to the Lessor, Palm Courts, and the lease terminates on April 30, 2010. The Office of Capital Improvement Projects has fast tracked the completion of Levels 1 and 2 with Link, in order to meet this deadline. Discussions to extend the lease beyond the lease termination date of May 1, 2010 with the Lessor have ceased due to unreasonable terms being presented by the Lessor. ANALYSIS The City issued Invitation To Bid (ITB) No. 40-08/09 on May 11, 2009 and the City Commission awarded a construction contract to Link on July 15, 2009. Certain modifications were incorporated after the construction contract award due to the identification of the end users and programming of the spaces. The modifications that were requested by the City Departments and approved by the Administration were not included in the construction document set that accompanied the ITB No. 40-08/09. A Building Department permit for the tenant improvements as depicted in the ITB No. 40 - 08/09 was obtained on July 23, 2009. P+W's amendment to design the modified tenant improvements was approved by the City Administration in August 2009. P+W provided revised tenant improvement drawings for Building department review on December 10, 2009 and the Building Department issued a building permit for these revisions on January 26, 2010. Construction Contingency Spent to Date Award of the contract to Link on July 15, 2009 provided the Office of Capital Improvement Projects procurement authority in the amount of $116,560.76. Change Order No.1 in the amount of $114,167.97 was authorized on February 10t'', 2010. The Change Order was reviewed by the Architect of Record, Perkins and Will, the Office of Capital Improvement Projects and the Special Assistant to the City Manager, Emanuel Mayer. Proposed costs were reduced by $15,822.54 or 12% below the original requested amounts. Authorization of change order no. 1 depleted the construction contingency amount by 98% thereby leaving $2,392.82 in construction contingency. Additional funding is required to complete the assignment and maintain construction on its current schedule. The following Proposed Change Order's (PCO) consist of work that was known to the City and is still required to be performed. They are critical in order for Link to maintain their schedule to accommodate the City's request of phasing the project in order to occupy the first and second floor of the City Hall garage by April 2010. The balance of the floors would be delivered by the contractual substantial completion date of June 2010. Commission Memorandum- City Hall Garage Tenant Improvements March 10, 2010 Page 3 of 3 Table 1 City Hall Garage Additional Foreseen Change Orders Amount 2 e-Builder Reimbursement $1,000 6 Plumbing Modifications: 2nd & 3rd Floors $765 10 Glazing changes on the 4th floor $3,304 12 Door and frame modifications due to hardware changes $6,264 18 HVAC Fire Wrapping $1,233 19 Door and frame modifications to incorporate card readers $4,033 20 HVAC Controls $6,237 21 Plumbing Sanitary Vent Connection $4,960 22 Electric Door Strikes $847 23 First Floor Revisions $10,086 24 Second Floor Revisions $2,444 25 Electric, Data, Fire Alarm devices relocation $20,730 26 Card reader system $45,000 Subtotal Amount Foreseen Change Orders $106,902 Additional Requested Funding $50,000 Requested Funding Increase $157,000 The Office of Capital Improvement Projects has realized a savings of unused funds in the approximate amount of $1,371,884 in design. At this time the Administration requests additional procurement authority to incorporate the changes outlined above which total $107,000, as well as an additional $50,000 in procurement authority to allow for changes as they arise to address regulatory requirements, punch items, etc. in the future. The original cost per square foot of the build out improvements approximated $36 / SF. Increasing the construction contingency by an overall amount of $157,000 yields a build out cost per foot of $45 / SF. CONCLUSION The Administration recommends authorizing additional funding in the amount of $157,000 to fund construction activities for the interior build out of the City owned 30,000 SF of tenant space in the City Hall Garage to Link Construction Group Inc., from previously appropriated Multi- purpose Parking Facility, FY 06/07 Capital Budget from the Parking Operating Fund 480. JMG/COC/GME/hs T:~,4GENDA\2010\March 10\Consent\Link Change orders MEMO-2-10-2010 COC Revisions.doc