RESOLUTION 88-19275 RESOLUTION NO. 88-19275
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A SECOND AMENDMENT
TO AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND BORRELLI, FRANKEL, BLITSTEIN, A JOINT
VENTURE, AND SASAKI ASSOCIATES, INC. ,
TOGETHER COMPRISING A JOINT VENTURE, FOR
ARCHITECTURAL, ENGINEERING AND RELATED
PROFESSIONAL SERVICES FOR THE REBUILDING OF
THE JACKIE GLEASON THEATER OF THE PERFORMING
ARTS.
WHEREAS, the City of Miami Beach ("City") , on June 19 , 1987 ,
entered into an Agreement ('Agreement") with Borrelli, Frankel,
Blitstein, a Joint Venture, and Sasaki Associates, Inc.
("Architects" ) for Architectural, Engineering and Related
Professional Services for the rebuilding of the Jackie Gleason
Theater of the Performing Arts; and
WHEREAS, City and Architect entered into a First Amendment
to Agreement on September 17, 1987 ; and
WHEREAS, in paragraph 4 . 2 . 1 of the Agreement it is provided
that "Architect hereby warrants and represents to City that the
bids for the Project (i.e. , the Base Bid construction documents
recommended by the Architect and approved by the City) will be
within the Construction Cost Budget" ; and
WHEREAS, the Base Bid of the sole bidder, George Hyman
Construction Company, (hereinafter referred to as "Bidder") ,
exceeded the Construction Cost Budget by $2 . 77 million (20%) ; and
WHEREAS, the Architect and City entered into negotiations
with the Bidder to reduce the scope and quality of work and,
thereby reduced the Base Bid to $14 , 688, 000, which still exceeds
the budget by $832 , 000 (6%) , and Add Alternate #1 exceeds the
project budget by $280, 000; and
WHEREAS, in reaching the revised Scope of Work with the
Bidder the Architect has performed certain services, and in order
to implement the Value Engineering provisions in the revised
Agreement with the Bidder, the Architect will have toP erform
certain services in the future; and
WHEREAS, the City wishes to clarify that all services
rendered by the Architect relating to the revised Agreement with
the Bidder and resulting from the Changes in Project Scope in
order to reduce the Bidder' s base bid amount shall be considered
Basic Services to be performed at no additional cost to the City.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and the City Clerk
are authorized to execute the Second Amendment to Agreement
between the City of Miami Beach and Borrelli, Frankel, Blitstein,
a Joint Venture, and Sasaki Associates, Inc. , together comprising
a joint venture for architectural, engineering and related
professional services for the rebuilding of the Jackie Gleason
Theater of the Performing Arts.
PASSED AND ADOPTED this; • . ,e •f e, 988. 47
MAY' •
AT EST:
' 2121
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FORM APPROVED
CITY CLERK
LEGAL DEPT.
PNB g ' r11( --t-- '7,,4.. ..
Date _.
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SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF MIAMI BEACH
AND ARCHITECT FOR THE REBUILDING OF JACKIE GLEASON
THEATER OF THE PERFORMING ARTS
THIS Second Amendment to Agreement made and entered into
this day of June, 1988, by and between the City of Miami
Beach, a Florida municipal corporation (hereinafter referred to
as "City" or "Owner") , having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139 and Borrelli,
Frankel, Blitstein, a joint venture existing under the laws of
the State of Florida, whose address is 7000 S.W. 62nd Avenue,
Miami, Florida, and Sasaki Associates, Inc. , a Massachusetts
corporation, with offices at 64 Pleasant Street, Watertown,
Massachusetts, together comprising a joint venture (collectively
hereinafter referred to as "Architect") .
WITNESSETH
WHEREAS, the City and Architect entered into an Agreement on
June 19, 1987 (the "Agreement") for Architectural Services and
other services for the rebuilding of the Jackie Gleason Theater
of the Performing Arts; and
WHEREAS, City and Architect entered into a First Amendment
to Agreement September 17 , 1987 ; and
WHEREAS, in paragraph 4 .2 . 1 of the Agreement it is provided
that "Architect hereby warrants and represents to City that the
bids for the Project (i.e. , the Base Bid construction documents
recommended by the Architect and approved by the City) will be
within the Construction Cost Budget" ; and
1
WHEREAS, the Base Bid of the sole bidder, George Hyman
Construction Company, (hereinafter referred to as "Bidder") ,
exceeded the Construction Cost Budget by $2 . 77 million; and
WHEREAS, the Architect and City entered into negotiations
with the Bidder to reduce the scope and quality of work and
thereby reduced the Base Bid to $15, 058, 000 which still exceeds
the budget by $1,202 , 000. 00; and
WHEREAS, in reaching the revised scope of Work with the
Bidder the Architect has performed certain services, and in order
to implement the scheduling and value engineering provisions in
the revised Agreement with the Bidder, the Architect will have to
perform certain services in the future; and
WHEREAS, the parties wish to enter into this Second
Amendment to clarify that all services rendered by the Architect
relating to the revised Agreement with the Bidder and resulting
from the revisions to the bid shall be considered Basic Services.
NOW THEREFORE, the City and the Architect, in consideration
of the mutual covenants and agreements herein contained and other
good and valuable consideration, and in further consideration of
the City awarding a bid to the Bidder which is above the
Construction Cost Budget thereby relieving the Architect of the
duty to redesign, the parties agree as follows.
1. On page 22 of the Agreement after subarticle 2 .4 . 2 :
Add the following subarticle
"2 .4 . 3 All services of the Architect relating in any
way to the revisions in the bid as reflected in the Contract
2
between City and Bidder dated June 10, 1988. " (hereinafter
referred to as "Construction Contract") .
2 . Add the following subarticle on page 28 of the
Agreement after subarticle 2 . 5.20 (2 . 5. 20 was added by the First
Amendment to Agreement)
"2 . 5. 21 Architect shall prepare and process all Change
Orders for the City's approval and execution which relate to
"VALUE ENGINEERING" as provided for in the Construction Contract,
but only after such Change Orders have been agreed to by the City
and the Contractor, and the total amount of such Change Orders
shall not exceed $1, 200, 000. 00. In addition to other duties set
forth in Article 2 . 5 Architect shall also provide Construction
Administration Services when construction is in process during
the Theater Season, and shall attend weekly meetings with the
Scheduling Subcontractor during the Construction Phase as
provided in the Special Provisions of the Construction Contract.
Architect shall also within a reasonable time not to exceed
thirty (30) days issue all documentation necessary to clarify and
implement the "Changes in Project Scope" set forth as Exhibit C
to the Construction Contract. "
3 . Add the following subarticle on page 41 of the
Agreement after subarticle 2 .7. 14 :
"2. 7 . 14 . 1 In addition to Architect's other duties in
Article 2 . 7 , Architect shall provide Field Representative
Services when construction is in process during the Theater
Season. "
3
4 . Add the following sentence at the end of article 2 . 8 on
page 32 of the Agreement:
"The foregoing Special Inspection Services shall also
be provided when construction is in process during the Theater
Season. "
5. This Second Amendment shall supersede the Agreement and
the First Amendment, and in the event of any inconsistency
between the terms and conditions of the Agreement or the First
Amendment and this Second Amendment, this Second Amendment shall
prevail . All other terms and conditions of the Agreement are
hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have hereunto caused
these presents to be signed in their names by their duly
authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first herein above
• FORM APPROVED
written. CITY OF MIAMI BEACH
LEGAL DEPT.
E32?, BY:
MAYOR
ATTEST: /VA
S ,
Date
CITY CLERK ARCHITECT:
A JOINT VENTURE
BORRELLI, FRANKEL, BLITSTEIN
BORRELLI & ASSOCIATES
ARCHITECTS PLANNERS, P.A.
ATTEST:
BY:
Corporate Secretary Jaime E. Borrelli,
President
4 (Signatures Cont'd on Next Page)
FRANKEL & ASSOCIATES, INC.
ATTEST:
BY:
Corporate Secretary Marcus A. Frankel,
President
WITNESSES: PETER BLITSTEIN d/b/a
BLITSTEIN DESIGN ASSOCIATES
BY:
Peter Blitstein
AND
ATTEST: SASAKI, ASSOCIATES, INC.
BY:
Corporate Secretary Vice President
PNB/mml
6/8/88
5
ORi XINAL
RESOLUTION NO. 88-19275
(Authorizing the Mayor and the City Clerk
to execute a second amendment to agree-
ment between the City of Miami Beach and
Borrelli, Frankel, Blistein, a joint
Venture, and Sasaki Associates, Inc. ,
together comprising a joint venture for
Architectural Services for the rebuild-
ing of the Jackie Gleason Theater of
the Performing Arts)
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