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2011-27680 Reso RESOLUTION NO. 2011 -27680 A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, BETWEEN THE CITY AND UNIDAD OF MIAMI BEACH , INC., A FLORIDA NOT -FOR- PROFIT CORPORATION, DATED MARCH 25, 2011, FOR PROJECT MANAGEMENT SERVICES RELATIVE TO THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF CERTAIN IMPROVEMENTS AT BANDSHELL PARK INCLUDING A TERRACE, TREE RELOCATION, AND UTILITIES ADJACENT TO THE NORTH BEACH COMMUNITY CENTER; SAID AMENDMENT FOR THE DESIGN AND CONSTRUCTION OF THE NORTHEAST QUADRANT OF THE BANDSHELL PARK AS PER THE ADOPTED MASTER PLAN, IN THE NOT -TO- EXCEED AMOUNT OF $167,550, INCLUDING A 10% CONTINGENCY; WITH PREVIOUSLY APPROPRIATED FUNDS. WHEREAS, UNIDAD is overseeing the construction and development of the North Beach Community Center that has been designed by Rene Gonzalez Architect, and is being constructed by KM Plaza (the "Project "); and WHEREAS, the new two -story building will be approximately 8,000 sq. ft. with additional terraces, as specified in the Project Documents, and will be located at 7251 Collins Avenue, Miami Beach, FL, 33141, in Bandshell Park; and WHEREAS, the existing structure and land is owned by the City of Miami Beach, which is a party to a long term management agreement with UNIDAD; and WHEREAS, the new two (2) story building will also be owned by the City of Miami Beach and operated by UNIDAD pursuant to a management agreement with the City; and WHEREAS, on January 19, 2011, the Mayor and City Commission adopted Resolution No. 2011 -27573 waiving, by 5 /7ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with the Consultant (the Agreement); and WHEREAS, the Agreement provides for project management services relative to the design, development and construction of certain improvements at Bandshell Park, including a terrace, tree relocation, and utilities, adjacent to the North Beach Community Center, located at 7251 Collins Avenue, Miami Beach, Florida; and WHEREAS, the Agreement was executed in the amount of $407,291.76; and WHEREAS, on June 21, 2011, Amendment No.1 was executed in the amount of $6,408.48, for the additional cost associated with City requested changes pertaining to the elimination of the concrete bench along the west side of the terrace, and for the added terrazzo finish to a portion of the terrace (originally supposed to receive concrete finish); and WHEREAS, the Administration would like to expedite the construction of the northeast quadrant of the park, as per Master Plan adopted by the City Commission on February 9, 2011; and T:\AGENDA\2011 \7 -13 -11 \UNIDAD Amendment No. 2 \Unidad Amendment No 2 - Reso.doc WHEREAS, the scope of work includes the main promenade approach to the new Community Center, a service drive for the Bandshell Facility as well as the Community Center, and underground electrical for future lighting installations; and WHEREAS, the Administration and have reviewed the proposed cost estimate in the amount of $152,318, for this work, and finds said estimate to be fair and reasonable; and WHEREAS, the proposed costs are architectural, engineering, permitting, project management fees for project's owner's representative and hard costs and as a result, UNIDAD will not receive any additional compensation for providing project management; and WHEREAS, UNIDAD, as a not - for - profit entity, will oversee the Project to ensure that all work elements are completed at the agreed upon cost without any delays to the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor And City Clerk to execute Amendment No.2 to the Agreement between the City and Unidad of Miami Beach, Inc., a Florida Not - For - Profit Corporation, dated March 25, 2011, for Project Management Services relative to the design, development and construction of certain improvements at Bandshell Park including a terrace, tree relocation, and utilities adjacent to the North Beach Community Center; said Amendment for design and construction of the northeast quadrant of the Bandshell Park as per the adopted master plan, in the not -to- exceed amount of $167,550, including a 10% contingency; with previously appropriated funds. PASSED AND ADOPTED this /. # day of ar , 2011. ATTEST: lllllllll lllllllllll / , r\r -9 � s 1, , CI Y CLERK., :y A , • R INCORP ORATED APPROVED AS TO . " N\ ARM & LANGUAGE 1 9 .' "•'• " =� &'OREXUTION q4I 2 6 J crorne Date T:WGENDA\2011 \7 -13 -11 \UNIDAD Amendment No. 2 \Unidad Amendment No2 - Reso.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 to the Agreement Between The City And UNIDAD Of Miami Beach, Inc., A Florida Not - For - Profit Corporation, Dated March 25, 2011, For Project Management Services Relative To The Design, Development And Construction Of Certain Improvements At Bandshell Park Including A Terrace, Tree Relocation, And Utilities, Adjacent To The North Beach Community Center; Said Amendment For The Design And Construction Of The Northeast Quadrant Of The Bandshell Park As Per Adopted Master Plan, In The Not -to- Exceed Amount Of $167,550, Including A 10% Contingency; With Funding In The Amount Of $54,000, from Previously Appropriated Fund 161 Quality of Life Funds, And An additional Appropriation Advancing $113,500 From Fund 161 Quality Of Life Funds (North Beach); With All Such Funds To Be Reimbursed From Future Miami -Dade County General Obligation Bond Funds. Key Intended Outcome Supported: Ensure well designed, quality capital projects. Supporting Data (Surveys, Environmental Scan, etc.): 63% of North Beach residents surveyed rated Overall Quality of Life within the City of Miami Beach as excellent & good, compared to 75% of residents in the City overall. Issue: Shall the City Commission adopt the Resolution authorizing Amendment No. 2 to the Unidad Agreement? Item Summary /Recommendation: UNIDAD is overseeing the construction and development of the North Beach Community Center that has been designed by Rene Gonzalez Architect, and is being constructed by KM Plaza (the "Project "). The scope of work for the Project includes the demolition of an existing structure on the site. The new two story building will be approximately 8,000 sq. ft. with additional terraces, and is located at 7251 Collins Avenue, in Bandshell Park. It is anticipated that the project will be completed in the Fall of 2011 On January 19, 2011, the Mayor and City Commission adopted Resolution No 2011 -27573 approving the execution of an Agreement between the City of Miami Beach and UNIDAD of Miami Beach, Inc., for Project Management Services relative to the design, development and construction of certain improvements at Bandshell Park including a terrace, tree relocation, and utilities adjacent to the North Beach Community Center. Given the fact that the renovation of the Bandshell Facility has already been completed, and that the construction of the new North Beach Community Center will be completed in the fall of 2011, the Administration would like to expedite the construction of the northeast quadrant of the park, as per the Master Plan adopted by the City Commission on February 9, 2011 The scope of work includes the main promenade approach to the new Community Center, a service drive, and underground electrical for future lighting installations. The Administration and UNIDAD have reviewed the proposed preliminary cost estimate in the amount of $152,318, for this work, and find said estimate to be fair and reasonable. Funding for this task includes $54,000, from previously appropriated Fund 161 Quality of Life funds, as well as an additional appropriation advancing $113,500 from Fund 161 Quality of Life (North Beach) funds. Although the Bandshell Park project was originally scheduled to receive Miami -Dade General Obligation Bond (GOB) funds in late 2009, the funding was delayed due to a revised Miami -Dade bond funding schedule. However, the funding commitment remains, as outlined in an April 12, 2011, letter from Miami -Dade County Commissioner Sally Heyman (See Attachment 4). Based on conversations with County staff, it is now anticipated that these funds will be available in approximately six months. The Administration recommends approval of this resolution. Advisory Board Recommendation: N/A Financial Information: Amount Account Approved Source of Funds: $167,550 161 -2538 Quality of Life Resort Tax OBPI _ Fund Total $167,550 City Clerk's Office Legislative Tracking: Sign -Offs: Departme ector Assista mig Manager City Manager .a _ FV f, D =�W JMG _.. T.WGEND A11 \7- 13- 11 \UNIDAD Amendment No. 2 \U d Amendment No2 - Summary.doc . M IAMIBEACH AGENDA C�7C DATE 7 -h3 l m MIAMI 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 C mmission FROM Jorge M. Gonzalez, City Manager DATE: July 13, 2011 SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, BETWEEN THE CITY AND UNIDAD OF MIAMI BEACH , INC., A FLORIDA NOT -FOR- PROFIT CORPORATION, DATED MARCH 25, 2011, FOR PROJECT MANAGEMENT SERVICES RELATIVE TO THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF CERTAIN IMPROVEMENTS AT BANDSHELL PARK INCLUDING A TERRACE, TREE RELOCATION, AND UTILITIES ADJACENT TO THE NORTH BEACH COMMUNITY CENTER; SAID AMENDMENT FOR THE DESIGN AND CONSTRUCTION OF THE NORTHEAST QUADRANT OF THE BANDSHELL PARK AS PER THE ADOPTED MASTER PLAN, IN THE NOT -TO- EXCEED AMOUNT OF $167,550, INCLUDING A 10% CONTINGENCY; WITH PREVIOUSLY APPROPRIATED FUNDS. ADMINISTRATION RECOMMENDATION Adopt the Resolution authorizing Amendment No. 2 to the Unidad Agreement. FUNDING Funding for this task includes $54,000 from previously appropriated Fund 161 Quality of Life funds as well as an additional appropriation advancing $113,500 from Fund 161 Quality of Life (North Beach) funds. Although the Bandshell Park project was originally scheduled to receive Miami -Dade General Obligation Bond (GOB) funds in late 2009, the funding was delayed due to a revised Miami -Dade bond funding schedule. However, the funding commitment remains, as outlined in an April 12, 2011, letter from Miami -Dade County Commissioner Sally Heyman (See Attachment 4). Based on conversations with County staff, it is now anticipated that these funds will be available in approximately six months. It should be noted that reimbursement allocations are made not later than 18 months after the later of: (A) The date the original expenditure is paid; or (B) The date the project is placed in service or abandoned, but in no event more than 3 years after the original expenditure is paid. In addition, expenditures that are more than 3 years old or that are for projects that have been complete more than 18 months generally will not qualify for reimbursement under applicable federal tax rules governing use of bond proceeds. Commission Memorandum Unidad Amendment No.2 July 13, 2011 Page 2 of 3 ANALYSIS UNIDAD is overseeing the construction and development of the North Beach Community Center located at 7251 Collins Avenue, in Bandshell Park that has been designed by Rene Gonzalez Architect, and is being constructed by KM Plaza (the "Project "). The scope of work for the Project includes the demolition of an existing structure on the site. The new two story building will be approximately 8,000 sq. ft. with additional terraces, and is located at 7251 Collins Avenue, in Bandshell Park. The proposed building, which includes public restrooms, will be iconic in nature and the North Beach Community Center will be operated therein, when completed, by UNIDAD. The existing structure and land is owned by the City of Miami Beach, which is a party to a long term management agreement with UNIDAD. The new two (2) story building will also be owned by the City of Miami Beach and operated by UNIDAD pursuant to a management agreement with the City. It is anticipated that the project will be completed in the Fall of 2011. On January 19, 2011, the Mayor and City Commission adopted Resolution No. 2011 -27573 approving the execution of an Agreement between the City of Miami Beach and UNIDAD of Miami Beach, Inc., for Project Management Services relative to the design, development and construction of certain improvements at Bandshell Park including a terrace, tree relocation, and utilities adjacent to the North Beach Community Center. Given the fact that the renovation of the Bandshell Facility has already been completed, and that the construction of the new North Beach Community Center will be completed in the fall of 2011, the Administration would like to expedite the construction of the northeast quadrant of the park, as per the Master Plan adopted by the City Commission on February 9, 2011. The scope of work includes the main promenade approach to the new Community Center, the service drive for the Bandshell Facility as well as the Community Center, and underground electrical for future lighting installations. The Administration and UNIDAD have reviewed the proposed preliminary cost estimate in the amount of $152,318, which includes soft costs and hard costs, and finds said estimate to be fair and reasonable. UNIDAD, as a not - for - profit entity, will oversee the Project to ensure that all work elements are completed at the agreed upon cost without any delays to the Project. The proposed costs are architectural, engineering, permitting, project management fees for project's owner's representative, and hard costs and as a result, UNIDAD will not receive any additional compensation for providing project management services. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the Mayor And City Clerk to execute Amendment No.2 to the Agreement between the City and Unidad of Miami Beach, Inc., a Florida Not - For - Profit Corporation, dated March 25, 2011, for Project Management Services relative to the design, development and construction of certain improvements at Bandshell Park including a terrace, tree relocation, and utilities adjacent to the North Beach Community Center; said Amendment for design and construction of the northeast quadrant of the Bandshell Park as per the adopted master plan, in the not -to- exceed amount of $167,550, including a 10% contingency; with previously appropriated Fund 161 Quality of Life funds, and an additional appropriation advancing 2 Commission Memorandum Unidad Amendment No.2 July 93, 2011 Page 3 of 3 $113,500 from Fund 161 Quality of Life funds (North Beach); with all such funds to be reimbursed from future Miami -Dade County bonds. Attachments: 1. Sketch of proposed scope of work 2. Rough order of magnitude for scope of work 3. Amendment No.2 (draft) 4. April 12, 2011 letter from Miami -Dade Co. Commissioner Sally A. Heyman JMG /DB /FV /JC /TV T:\AGENDA\2011 \7- 13- 11 \Unidad Amendment No2 - Memo.doc 3 Attachment 1 PARK SITE FLAIL 1 r�' ' — ' '41 i 16 .._ w fit 'rte -,- . * , 1331119, c rvzt ) 1 . D �� ; ,r 1 t i; u i f .',-.. f„ 1. ' ' , 4, - , c . i 1., i ', ' \ I [ 5 1 II li b irib . ;',,T0 , �. x '" ,, , y (��pp ,. � � yJ • yr. . � t. ~ C 4' J�/� 4 ` 0. x I �, `y. �... , Y -xo, ",t 0y 4 , ... , fi .. VI r --, F . 7 - i� 1 * 0,0 Z . W U Z i + � r O � * a c H f , = ,i1 Ct V W e l # 3 r`u , + t ` 1Y fi r R l ' [ \ r e J F it Clr 0 I , _ t U.1 h t ;a (,r ! 1 ' > � '< r,' 1 CZ C t 'i i , - U Ili yw/� j � t ': r.tip d i i& sY " BYO �' r ,. .r.. * °'A , . ?s _ I °'its ' .......%0WOVitom ijx4ifi q 11 aso=,/ ,..,, \ ......___\ 7: .„,4,,, :,,,,,'' • Attachment 2 Claro development BANDSHELL PARK - NORTHSIDE PARK IMPROVEMENTS ROUGH ORDER OF MAGNITUDE Cost Submitted to CMB: 6/22/2011 Cost Approved by CMB: Soft Costs Cost Comments Architecture $ 3,500.00 Civil Engineer $ 3,880.00 Coastal / DEP Consulting $ 3,820.00 ERP Permit $ 3,390.00 MEP Engineer $ 1,850.00 Permit Expeditor $ 2,000.00 Hourly Cap Permit Fees $ - City of Miami Beach Project Management $ 4,600.00 Hourly Cap Total Soft Costs $ 23,040.00 Hard Costs Cost Comments Demolition $ 11,500.00 Sitework / Earthwork $ 57,078.00 Landscape / Irrigation $ - by CMB Concrete $ 26,250.00 Electrical $ 10,000.00 Fee $ 10,482.80 General Conditions $ 10,483.00 Assumes work during UNIDAD construction of NBOC Insurance $ 2,018.00 Bond $ 1,467.00 Total Hard Cost $ 129,278.80 Total Costs $ 152,318.80 •