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RESOLUTION 89-19705 RESOLUTION NO. 89-19705 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CAPITAL BUDGET FOR THE "OLD" T.O.P.A. PROJECT, WORK ORDER 2927, PROVIDING FOR AN INCREASED APPROPRIATION IN THE AMOUNT OF $2,748,194 WITH FUNDING TO BE PROVIDED FROM THE T.O.P.A BOND FUND. WHEREAS, on July 25, 1984 the City Commission of the City of Miami Beach, via Commission Memorandum 471-84, adopted a budget of $19,800,000 for the renovation of T.O.P.A. ; and, WHEREAS, the first architectural design was determined not to be feasible nor within budget; and, WHEREAS, it was necessary to terminate the service of Polshek and Partners and re-award the contract; and, WHEREAS, the City of Miami Beach has initiated legal proceedings against Polshek and Partner and Turchin/CRS seeking recovery of damages; and, WHEREAS, in order to ns r,e t e cQmpl.et i on of the project, on September 7, 1988, via Commission Memo turdhItya Wethe transfer of $18,870,000 from the old Work Order into a new Work Order, and WHEREAS, such appropriation should have been reflected as $16, 121 ,806 from the existing appropriation and $2,748, 194 from remaining bond funds; and, WHEREAS, to correct this error, it is now necessary to increask,4$ appropriation into Work Order 2927 by $2,748, 194 with funds from the TOP and Balance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission of the City of Miami Beach hereby amends the T.O.P.A. Capital Budget, Work Order 2927, increasing the appropria- tion by $2,748, 194 with such funds coming from the T.O. P.A. Bond Fund. PASSED and ADOPTED, this 6th of September, 1989. M. or L Attest by: te/AL-AP )3) City Clerk Legal Form Approved By: #2Z. City Attorney , Funding Ap.roved By: // !e g g Off' '- of Management and Budget Nesame eetet 06 Vead MS aFq.,,� FLORIDA 3 3 1 3 9 le y', i i �i *i1NCORPi ORATED *s "V A CA TIONL A ND U. S. A. " *01 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. .419 DATE: September 6. 1989 TO: Mayor Alex . .•ud and 0 Members of he City Commi- ion FROM: Rob W. Parki / ii,4_,01'''� i,I City Manager 3T1 SUBJECT: AMENDING THE CAPITAL BUDGET FOR THE "OLD" T.O.P.A. PROJECT, WORK ORDER NO. 2927, PROVIDING FOR AN INCREASED APPROPRIATION IN THE AMOUNT OF $2,748,194 TO BE FUNDED FROM THE T.O.P.A. BOND FUND. BACKGROUND On July 25, 1984, Work Order No. 2927 was established via Commission Memorandum 471-84 with an original appropriation of $19,800,000. A contract was entered into with James Polshek and Partners for architectural services relating to the rebuilding of the theatre. The architectural plans and designs resulted in construction estimates far in excess of the required scope and budget. This action resulted in a termination of the contract with Polshek and Partners and the initiation of arbitration proceedings to recover damages. By this time, approximately $2.8 million had been spent on the project, primarily due to $2,298,283.30 paid to Polshek and Partners and $284,783.56 to Turchin/CRS. Since then, $409,499.61 have been spent on legal fees and arbitration costs with an estimated amount of $150,000 - $300,000 more required to complete arbitration. On September 7, 1988, the City Commission of the City of Miami Beach at the request of the Administration, via Commission Memorandum No. 447-88, approved the transfer of $18,870,000 from the "old" TOPA Work Order No. 2927 to the "new" TOPA Work Order No. 2015 and so ensure that proper accounting for the current construction and related costs would occur. This transfer was necessary and proper since a considerable amount of funds had been spent and are now the subject of litigation. Further, this transfer resulted in a remaining appropriation of $930,000 in Work Order No. 2 9 2 7 to account for all incurred expenditure and pending litigation costs. Analysis of TOPA Work Orders indicate that establishment of Work Order No. 2015 should have been accomplished with a transfer of $16, 121,806 from Work Order No. 2927 and supplemented with an increased appropriation of $2,748, 194 from the unappropriated funds balance for a total of $18,870,000. This method would have ensured that sufficient fund remained in Work Order No 2927 to cover incurred expenditures and estimated litigation costs. Therefore to correct this situation, it is necessary to appropriate $2,748, 194 from the TOPA Bond Fund into the Work Order No. 2927 to cover incurred expenditures and litigation costs. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached Resolution increasing the appropriation of Work Order 2927 by $2,748,194. 11 WFL:me AGENDAC ......1 ___E ` ITEM, ' DATE ` ANALYSIS OF T.O.P.A. RENOVATION PROJECT WORK ORDER NOS. 2927 & 2015 as of July 31, 1989 A. WORK ORDER 2927 - TOPA RENOVATION (OLD) Current Actual + Projected + Budget Adjustments Encumbrances Balance FY 84 $19,800,000 $1,368,644 $18,431,356 85 1,203, 175 17,228,181 86 331,496 16,896,685 87 456,628 16,440,057 88 (18,870,000) 3,553,301 (5,983,244) 89 2,748, 194 (3,732,656) 197,606 300,000 90 c 300,000 0 Totals $3,678,194 $3,180,588 $497,606 $0 B. WORK ORDER 2015 - TOPA RENOVATION (NEW) Current Actual + Projected + Budget Adjustments Encumbrances Balance FY 88 $18,870,000 $40 $18,869,960 89 8,415, 181 9,678,426 776,353 90 776,353 0 Totals $18,870,000 $8,415,221 $10,454,779 $0 Project Totals $22,548,194 $11,595,809 $10,952,385 $0 C. EXPENDITURE DETAILS - WORK ORDER 2927 Description Amount Total Professional Services Polshek and Partners $2,298,283.30 Turchin/CRS 284 783.56 Meyer, Weiss, Rose, Arkin 6,902.00 Pittsburg Testing lab 7,120.00 Worth Engineering 3,422.10 John Boyer 1,350.00 Therrel Baisden 2,340.00 Zurwelle-Wittacher 5, 169.38 2,609,370.34 Printing & Postage Best Blueprint & Supply $1,696.53 Circle Blue Print 35,721 .83 City of Miami Beach 63.81 Federal Express 1,179. 19 Marion Dudley Spec 6,390.00 Photo Arts 3,286.30 Xerox Corp 60.06 48,397.72 Professional Services - Arbitration American Arbitration $15,550.00 David Swimmer PA 392,094.61 P. Ziel 1,855.00 409,499.61 Project Administration Personnel Services $98,251 .92 Operating Expenses 15,068.64 113,320.56 $3,180,588.23 13 ORIGINAL RESOLUTION NO. 89--19725 Amending the Capital Budget for the "Old" T.O.P.A. Project, Work Order 2927, pro- viding for an increased appropriation in the amount of $2,748, 194 with funding to be provided from the T.O.P.A. Bond Fund.