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96-21995 RESO RESOLUTION NO. 96-21995 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AN INCREASE IN THE APPROPRIATION TO ACCOUNT NO. 440.0442.000343, IN THE AMOUNT OF $38,437.50, AND APPROVING CHANGE ORDER NO. 001, IN THE AMOUNT OF $38,437.50, TO CONTRACT NO. 137-94/95 WITH REED LANDSCAPING, INC., FOR THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS BEAUTIFICATION PROJECT FOR THE RECONSTRUCTION OF THE "WALK OF STARS" . WHEREAS, the Jackie Gleason Theater of the Performing Arts Beautification Project (Project) consists oflandscaping, irrigating and lighting of the south and east area of the exterior of the theater and the redesign of the "Walk of Stars"; and WHEREAS, the design, plans and specifications, as prepared by the landscape architectural firm, Rosenberg Design Group/David M. Scully, AS.L.A, (Firm) specified the spacing for the pavers for the "Walk of Stars" to be butt-jointed, based on the use of pavers that are 12" x 12 " in dimension; and WHEREAS, when the pavers were delivered they were 11 3/4" xII 3/4", which is the way the pavers are manufactured in the industry; and WHEREAS, this difference in the paver size required a redesign of the spacing, i.e. widening the space between each paver, to accommodate the difference in size of the pavers; and WHEREAS, this wider gap presented problems after the pavers were installed, whereby the grout did not fill in properly after repeated applications and in many areas the grout mixture did not hold togethe~resulting in many joints not being filled and consequent movement of the pavers; and WHEREAS, Bill Rosenberg, principal of Rosenberg Design Group/David M. Scully, AS.L.A, has accepted full responsibility for the error in design; and WHEREAS, the Firm will reimburse the City for all costs associated with the work required to remedy this condition; and WHEREAS, the estimated cost to reconstruct the "Walk of Stars" is $38,437.50 and the Rosenberg Design Group/David M. Scully, AS.L.A, has agreed to pay this amount to the City. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that an increase in the appropriation to Account No. 440.0442.000343, in the amount of$38,437.50, and Change Order No. 001, in the amount of $38,437.50, to Contract No. 137-94/95 with Reed Landscaping Inc., for the Jackie Gleason Theater of the Performing Arts Beautification Project, is hereby authorized. PASSED and ADOPTED this 5th day of June ,1996. ( ~. ATTEST: (<o~\ ~~~ CITY CLERK FORM APFiRU. F:\RCP A\$ALL\MOHAMED\TOP ACO.RES lEG~ By 1'1 Date 2A-.~ ;9L_.. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: June 5, 1996 FROM: Jose Garcia-Pedrosa ~ City Manager CHANGE ORDER N. 001 TO CONTRACT NO. 137";94/95 JACKIE GLEASON THEATER OF THE PERFORMING ART BEAUTIFICATION PROJECT. SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission approve Change Order No. 001 for $38,437.50 to Contract No. 137-94/95 with Reed Landscaping, Inc., for the Jackie Gleason Theater of the Performing Art Beautification Project, for the reconstruction of the "Walk of Stars". The City will be reimbursed by the landscape architectural firm, Rosenberg Design Group/David M. Scully, A.S.L.A. for all cost associated with this work. THERE WILL BE NO ADDITIONAL COST TO THE CITY FOR THIS WORK. BACKGROUND: On September 13, 1995, the City Commission approved the award of Bid No. 137- 94/95 for $207,912.00 to Reed Landscaping, Inc., for the Jackie Gleason Theater of the Performing Art Beautification Project. The project included the redesign of the "Walk of Stars" and landscaping, lighting and irrigating the south and east portions of the exterior of the theater. ANALYSIS: The design, plans and specifications were prepared by the landscape architectural firm, Rosenberg Design Group/David M. Scully, A.S.L.A. The design specified the spacing for the pavers for the "Walk of Stars" to be butt-jointed, based on the use of pavers that are 12" x 12 " in dimension. When the pavers were delivered they were 11 3/4" x 11 3/4", which is the way the pavers are manufactured in the industry. This difference in the paver size required a redesign of the spacing, i.e. widening the space between each paver, to accommodate the difference in size of the pavers. This wider gap presented problems after the pavers were installed. The grout did not fill in properly after repeated applications and in many areas the grout mixture did not hold together resulting in many joints not being filled and consequent movement of the pavers. BILL ROSENBERG, PRINCIPAL OF ROSENBERG DESIGN GROUP/DAVID M. SCULLY, A.S.L.A., HAS ACCEPTED FULL RESPONSIBILITY FOR THE ERROR IN DESIGN. THE FIRM WILL REIMBURSE THE CITY FOR ALL COSTS ASSOCIATED WITH THE WORK REQUIRED TO REMEDY THIS CONDITION. (PLEASE SEE ATTACHED LETTER FROM MR. ROSENBERG) THERE WILL BE NO ADDITIONAL COST TO THE CITY TO CORRECT THIS PROBLEM. AGENDA ITEM (l_3A~ to- 5-C1 ~ DATE Commission Memorandum - June 5, 1996 Change Order Contract 137-94/95 Page 2 The cost and payment to correct this problem are outlined below: The cost to re-construct the "Walk of Stars" , which includes repair of sod, underground utilities and irrigation lines within the construction area $(38,437.50) Payment to the City from Rosenberg Design Group/David M. Scully, A.S.L.A. for re- construction of the "Walk of Stars" 38,437.50 Cost to the City for re- construction of the "Walk of Stars" $0 CONCLUSION: The Administration recommends that the City Commission approve Change Order No. 001 in the amount of $38,437.50 for Contract No. 137-94/95 with Reed Landscaping, Inc., thereby increasing the contract amount to $246,349.50. The landscape architectural firm, Rosenberg Design Group/David M. Scully, A.S.L.A. will reimburse the city for all costs associated with the work to correct the problem. Approval of this change order will allow the work to proceed to correct the current condition of the "Walk of Stars". THERE WILL BE NO ADDITIONAL COST TO THE CITY TO CORRECT THIS PROBLEM. jI/$. MDB/KS/KM F:\RCPA\$ALL\MOHAMED\TOPAC01.MEM