2000-23442 RESO
RESOLUTION NO. 2000-23442
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
ADDITIONAL SERVICES FOR THE FIRM OF SPILLIS CANDELA &
PARTNERS, INC. (SC & P), PURSUANT TO THAT CERT AIN
AGREEMENT BETWEEN THE CITY AND SPILLIS CANDELA &
PARTNERS, INC. AND ARATA ISOZAKI AND ASSOCIATES, FOR
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE
EXPANSION AND RENOVATION OF THE BASS MUSEUM OF ART, IN
AN AMOUNT NOT TO EXCEED $120,000, FROM THE APPROPRIATED
FUNDS IN ACCOUNT NO. 364.2076.069358 FOR THE EXPANSION AND
RENOVATION OF THE BASS MUSEUM OF ART; SAID ADDITIONAL
SERVICES REQUIRED TO COMPLETE THE CONSTRUCTION
ADMINISTRATION PHASE OF THE PROJECT, WHICH WAS LIMITED
IN THE AGREEMENT TO TWENTY (20) MONTHS AFTER NOTICE TO
PROCEED.
WHEREAS, on December 7, 1994, the Mayor and City Commission approved final
negotiations with the firm of Spillis Candela & Partners, Inc. (SC & P) and Arata Isozaki &
Associates (Isozaki) for Architectural and Engineering Services for the Expansion and Renovation
of the Bass Museum of Art (the Project); and
WHEREAS, on March 26, 1995, the City entered into an Agreement with SC & P and
Isozaki for such architectural and engineering services, which called for the Construction
Administration portion of the Services to be limited to twenty (20) months after Notice to Proceed
to a selected contractor; and
WHEREAS, on December 3, 1997, the Mayor and City Commission approved award of a
Construction Contract to DanvilIe-Findorff, Inc. (DFI), which gave Notice to Proceed with
construction on February 5, 1998, and called for a construction period of twenty (20) months; and
WHEREAS, an appropriation and standing order was established on December, 1997, for
this purpose; and
WHEREAS, due to several circumstances, some caused byDanville-Findorff, Inc. (DFI), and
others caused by the City through changes in the overall scope of work, the construction period has
extended beyond the original twenty (20) months; and
WHEREAS, pursuant to the terms of the Agreement, SC & P has requested approval for
Additional Services, in an amount not to exceed $120,000, in order to provide Construction
Administration for the six month period between September 18, 1999, and March 30, 2000, which
is the new projected date for completion of the Project; and
WHEREAS, the Administration expects to recover some of the additional costs through the
liquidated damages provision in the Construction Contract with DFI, which are currently estimated
between $20,000 and $30,000, at $300 per day, based on the current days DFI is late in completing
the Project; and
WHEREAS, pursuant to the aforestated liquidated damages clause, the City will also
recover a reasonable amount of the additional costs for supervision of the contract beyond the
original date of completion; and
WHEREAS, DFI is also expected to compensate the City for additional costs incurred due
to errors in construction which have caused delays in the schedule.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and
authorize Additional Services for the Firm of SpiUis Candela & Partners, Inc. (S C & P), pursuant
to that Certain Agreement between the City and Spillis Candela & Partners, Inc. and Arata Isozaki
and Associates, for Architectural and Engineering Services for the Expansion and Renovation of the
Bass Museum of Art, in an Amount not to exceed $120,000, from the appropriated funds in
Account No. 364.2076.069358 for the Expansion and Renovation of the Bass Museum of Art; said
Additional Services required to complete the Construction Administration Phase of the Project,
which was limited in the Agreement to twenty (20) months after Notice to Proceed.
PASSED AND ADOPTED THIS 12th
day of January
1fI1~
MAYOR
.2000
ATTEST: I)
mUA- J \ CVL (Q~_
CITY CLERK
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
m
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. '21 - Ob
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy ~
City Manager
DATE: January 12,2000
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
ADDITIONAL SERVICES FOR THE FIRM OF SPILLIS CANDELA &
PARTNERS, INC. (SC & P), PURSUANT TO THAT CERTAIN
AGREEMENT BETWEEN THE CITY AND SPILLIS CANDELA &
PARTNERS, INC. AND ARATA ISOZAKI AND ASSOCIATES, FOR
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE
EXPANSION AND RENOVATION OF THE BASS MUSEUM OF ART, IN
AN AMOUNT NOT TO EXCEED $120,000, FROM THE APPROPRIATED
FUNDS IN ACCOUNT NO. 364.2076.069358 FOR THE EXPANSION AND
RENOVATION OF THE BASS MUSEUM OF ART; SAID ADDITIONAL
SERVICES REQUIRED TO COMPLETE THE CONSTRUCTION
ADMINISTRATION PHASE OF THE PROJECT, WHICH WAS LIMITED
IN THE AGREEMENT TO TWENTY MONTHS (20) AFTER NOTICE TO
PROCEED.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funds are available in the project's appropriated contingency and reimbursables allowances in account
364.2076.069358.
BACKGROUND:
On December 7, 1994, the Mayor and City Commission approved final negotiations with the firm of Spill is
Candela & Partners, Inc. for architectural and engineering services for the Expansion and Renovation of
the Bass Museum. On March 26, 1995, the City entered into an agreement with the firms of Spillis
Candela & Partners (SC & P) and Arata Isozaki and Associates (Isozaki) for said architectural and
engineering services. The agreement called for the construction administration portion of the services to
be limited to twenty months (20) after Notice to Proceed to a selected contractor was given.
C.1S
AGENDA ITEM
DATE -1-11... ..00
On December 3, 1997, the Mayor and City Commission approved award of a construction contract to
DanvilIe-Findorff, Inc. (DFI). Notice to Proceed with construction was given on February 5, 1998 with
construction expected to last twenty months.
Due to circumstances, some caused by the contractor, some beyond anyone's control, and others caused
by the City through changes in the overall scope of work, the construction period has extended beyond the
original twenty (20) months. DFI, for example, had two major structural incidents which required
demolition and re-installation of previously constructed concrete work. DFI has also delayed the project
through the untimely resolution of construction issues, as well as the overall management of
communications with the consultants.
Two hurricanes, rain delays and unforeseen conditions have also caused delays to the project. The
unforeseen conditions have mainly surfaced during the renovation of the existing building, but also during
some underground installations. These are justifiable delays for which the contractor has been granted time
extensions.
The City has caused delays by requesting changes to the scope of work. For example, the fire protection
system was changed from a wet system to a pre-action system at the request of the Bass staff. Also,
changes in Gallery Three and in the lighting system were recommended by Isozaki during construction and
the Building Committee and the City Commission approved.
SC & P has requested an amount not to exceed $120,000, in order to provide Construction Administration
for the six month period between September 18, 1999 and March 30, 2000, which is the new projected date
for completion of the project. S C & P has estimated its involvement in Construction Administration at 125
to 150 hours per month. Its sub-consultant, Frankel & Associates, Inc. (MFI) estimates its involvement
at about 50 hours per month. These hours will be used for processing communications with the contractor,
for oversight of the existing building renovation, for consultant site visits, and for the final closeout of the
project.
The Administration expects to recover some of the additional costs through the Liquidated Damages
provision included in the construction contract with DFI. This amount is currently estimated at between
$20,000 and $30,000, at $300 per day, based on the current days the contractor is late in completing the
project. Under the contract clause for liquidated damages, the City may also recover a reasonable amount
of the additional costs for supervision of the contract beyond the original date of completion. These costs
are estimated at approximately $30,000 based on the additional monthly services proposal from S C & P.
The final amount of liquidated damages and other costs will be deducted from the contractor's final
payment at the end of the project where applicable.
DFI is also expected to compensate the City for additional costs incurred due to errors in construction
which have caused delays in the schedule. These costs are currently estimated at $3,700 by S C & P for
services required due to the structural failures. The final amounts will be established at the end of the
project and also will be deducted from the contractor's final payment where applicable.
In order to complete construction, the Administration recommends that the Mayor and City Commission
approve the additional services for Construction Administration by S C & P, in an amount not to exceed
$120,000, to be paid from the appropriated funds in account 364.2076.069358 for the Expansion and
Renovation of the Bass Museum of Art. The proposed amount is contingent on the prompt completion of
the project at the currently established date of March 30, 2000. The monies are available in the project's
construction contingency amount of$101,218 which will leave a remaining balance of$O.OO and in the
reimbursable allowance of $73,447 which will leave a balance of $54,665.
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