Loading...
2001-24701 Reso RESOLUTION NO. 2002-24701 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GAMBACH-SKLAR ARCHITECTS, INC. DATED SEPTEMBER 13, 1995, TO GAMBACH ARCHITECTS, INC., FOR THE PROVISION OF ARCHITECTURAL AND ENGINEERING SERVICES FOR THE MARSEillE DRIVE STREETSCAPE IMPROVEMENTS PROJECT; IF SAID ASSIGNMENT IS APPROVED, AUTHORIZING AND APPROVING AN AMENDMENT TO THE AGREEMENT WITH GAMBACH ARCHITECTS INC., IN THE AMOUNT OF $10,990; $8,272 OF WHICH IS AVAILABLE FROM PREVIOUSLY APPROPRIATED WATER AND SEWER BOND FUND NO. 426, AND $2,718 OF WHICH IS AVAILABLE FROM PREVIOUSLY APPROPRIATED GENERAL OBLIGATION BOND FUND NO. 373, FOR THE PROVISION OF CONSTRUCTION ADMINISTRATION, AND MANAGEMENT, BIDDING AND OTHER RELATED PROFESSIONAL SERVICES NECESSARY TO COMPLETE THE WATER MAIN REPLACEMENTS, AND STREETLlGHTlNG IMPROVEMENT PORTIONS OF THE PROJECT. WHEREAS, on September 13, 1995, the City entered into a Professional Services Agreement with Gambach-Sklar Architects, Inc. develop drawings and specifications, and to provide construction documentation services for the Marseille Drive Streetscape Project (the Agreement); and WHEREAS, on January 26, 2000, the Agreement was amended, in the amount of $18,392, to provide additional services for the North end of Rue Notre Dame portion of the Project; and WHEREAS, on September 28, 2001, Mr. Roberto Gambach, formerly a principal in the firm of Gambach-Sklar Architects, Inc., notified the City that, as of August 1, 2001, the firm Gambach-Sklar Architects, Inc., had ceased its operations; and WHEREAS, the Administration, after evaluating the options available to complete the Project, determined that it would be in the best interest of the City to assign the Agreement to Gambach Architects, Inc., the firm subsequently established by Roberto Gambach, with Mr. Gambach as principal; and WHEREAS, on October 30, 2001, the Administration informed the principals of Gambach-Sklar Architects, Inc. of the City's intent to assign the Agreement to Gambach Architects, Inc; and WHEREAS, the Administration wishes to proceed with the bidding and construction phases of the Project; and WHEREAS, the Administration reviewed the terms of the Agreement, which provides for assignment of same, subject to the prior consent of the Mayor and City Commission; and WHEREAS, the balance due under the Agreement of $11,800, comprised of $8,800 for bidding and construction administration services and $3,000 for reimbursable expenses, is available to cover the professional services fee; and WHEREAS, if the assignment is herein approved, Gambach Architects, Inc., shall also provide to the City, Professional Liability Insurance, and all other provisions of the Agreement shall remain unchanged and in full force and effect; and WHEREAS, in addition, the water main replacement and streetlighting upgrades of the Project were independently designed by the Public Works Engineering staff; and WHEREAS, the Administration evaluated and determined that it will be in the best interest of the City to consolidate the construction phase of the work, and that the Construction Administration for the underground, and the above ground improvements on the Project should be done by the firm of Gambach Architects, Inc.; and WHEREAS, the compensation for Gambach Architects, Inc. to perform the Construction Administration for the water main and street lighting installation portion of the work was agreed by both parties to be $10,990; and WHEREAS, funding to cover the Construction Administration for the water main and street lighting installation, which will be addressed as an Amendment to the Agreement, is available from the Water and Sewer Bond Fund No. 426. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the assignment of the existing Professional Services Agreement between the City of Miami Beach and Gambach-Sklar Architects, Inc., dated September 13, 1995, for the Marseille Drive Streetscape Project, to Gambach Architects, Inc., for the provision of architectural and engineering services for the Marseille Drive Streetscape Improvements Project; if said assignment is approved, authorizing and approving an Amendment to the Agreement with Gambach Architects, Inc., in the amount of $10,990; $8,272 of which is available from previously appropriated Water and Sewer Bond Fund No. 426, and $2,718 of which is available from previously appropriated General Obligation Bond Fund No. 373, for the provision of construction administration, and management, bidding and other related professional services, necessary to complete the water main replacements, and streetlighting improvement portion of the Project. PASSED AND ADOPTED this 9th day of January, 2002,_ ATTEST: APPROVED AS TO FORM a LANGUAGI a FOR EXECUTION ~~c~ - I~"- 3>--0 ( <<-- FROM : (,.0'. . FAX NO. ATTACHMENT 1 G.6MB6CH' SKL6.R ARCHITECTS 11"C "~C"ITFCTU~F "Ht~IO~ DeSIG'l rL..NNING .... ',J '';.'1, '. r .d: , , .' ; .. l ~ J U i' I: / September 28. 2001 .' ~;': :J I: r ~ "I:' i ,; to " '.'. l' I d'l,l' ~~: It; Ii". ";' ..,/. 'i i ~. ... Mr. Michel Magloire Capital Improvement Projects Office City of~liami Beach 1700 Convention Cc.ntcrDr. Miami Beach, FI- 33139 Re: Marseille Drive Streetscapc Improvements Dear Mr. Magloire: The nm, ofGambach Sklar Architects ha!> ceased operations as of August 1,200 I, lt is our opinion that the contractlhat Gambach Sklar Architects has with the City oCMiami Beach tor the referenced project, Marseille Drive Streetscape Improvements, needs to be reassigned, It may be reassigned to either Gambach Architects, Sklar Arkitckts or to a third firm of your choice, Prior to reassignment of the contract. Gambach Sklar Architects will turn over to the City all the plam and specifications that have been produced for the project in their present condition, At this time the City owes Gambach Sklar the amount of$119,91 for blueprints (Invoice #3452). Payment of this invoice will complete all payments owed to date under the contract The balance due under the contract INiIl be payable to either Gambach Architects or Sklar Arkitekl!> or ,,,'hoever is assigned the contract. Whatever your choice. we are very INilling to cooperate with the City in any way necessary to bling this job to a successful completion. Please let us know what you decide to do. ~LI -- Oscar Sklar RJGlbg L__ .-. "'l r \ Ii c-~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY 1Q Condensed Title: A Resolution approving and authorizing the assignment of the existing Professional Services Agreement between the City and Gambach-Sklar Architects, Inc, to Gambach Architects, Inc. for the Marseille Drive Streetscape Improvements Project, and approving additional services in the amount of $10,990 for the proiect. Issue: Shall the existing Professional Services Agreement between the City and Gambach-Sklar Architects, Inc. be reassigned to Gambach Architects, Inc., and shall an amendment in the amount of $10,990 for the provision of Construction Administration, Management, bidding and other related Professional Services, necessa to com lete the water mains and street Ii htin im rovements ortion of the work be a roved. Item Summary/Recommendation: On September 13, 1995, the City of Miami Beach entered into a Professional Services Agreement with Gambach-Sklar Architects, Inc., for architectural, engineering and land surveying services, for the proposed Marseille Drive Streetscape Improvements. In a letter dated September 28, 2001, Gambach-Sklar Architects, Inc., notified the City that as of August 1, 2001, the firm Gambach-Sklar Architects, Inc., had ceased its operations. Mr. Roberto Gambach of Gambach Architects, Inc. is the Principal that has been most involved in the Project. The Administration has determined that in order to proceed with the project, and for a smooth transition, it will be necessary to assign the existing Contract dated September 13,1995, and as amended on January 26, 2000, between the City and Gambach-Sklar Architects, Inc to Gambach Architects, Inc., in accordance with Article 18, of the Contract entitled "Additional Conditions". The balance remaining in the Contract, $8,800, shall be the compensation to Gambach Architects, Inc., for all the work remaining to complete the Marseille Drive Streetscape Project. The successor firm, Gambach Architects, Inc. is capable of performing the balance of the work in the agreement. Further, the Administration recommends an amendment to the Agreement with Gambach Architects, Inc., in the amount of $10,990 for the Construction Administration, and Management, bidding and other related Professional Services, necessary to complete the water mains replacement and streetlighting portion of the work. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: I Fin~~ oet Source of Funds: AGENDA ITEM C7 B DATE 1-9-{) 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us m To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: January 9, 2002 JorgeM.Gonzalez \, .~.' City Manager tJ 11' - 0 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ASSIGNMENT OF THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GAMBACH-SKLAR ARCHITECTS, INC., TO GAMBACH ARCHITECTS, INC., FOR THE PROVISION OF ARCHITECTURAL AND ENGINEERING SERVICES FOR THE MARSEILLE DRIVE STREETSCAPE IMPROVEMENTS PROJECT; FURTHER AUTHORIZING AND APPROVING AN AMENDMENT TO THE AGREEMENT WITH GAMBACH ARCHITECTS INC., IN THE AMOUNT OF $10,990, $8,272 OF WHICH IS AVAILABLE FROM PREVIOUSLY APPROPRIATED WATER AND SEWER BOND FUND NO. 426 AND $2,718 OF WHICH IS AVAILABLE FROM PREVIOUSLY APPROPRIATED GENERAL OBLIGATION BOND FUND NO. 373, FOR THE PROVISION OF CONSTRUCTION ADMINISTRATION, AND MANAGEMENT, BIDDING AND OTHER RELATED PROFESSIONAL SERVICES NECESSARY TO COMPLETE THE WATER MAINS REPLACEMENT, AND STREETLlGHTING IMPROVEMENT PORTIONS OF THE WORK. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funding for the additional services is available from the previously appropriated project funds from the Water and Sewer Bond Fund No. 426 and General Obligation Bond Fund No. 373. ANALYSIS: On September 13, 1995, the City of Miami Beach entered into a Professional Services Agreement with Gambach-Sklar Architects, Inc., for the provision of architectural, engineering and land surveying services, for the proposed Marseille Drive Streetscape Improvements. l Marseille Drive January 9, 2002 Page 2 The Scope of the project includes streetscape improvements to the following streets: . Marseille Drive, from Bay Drive to Rue Notre Dame, . Rue Versailles, from Marseille Drive to Normandy Drive, and . Rue Notre Dame from Marseille Drive to Normandy Drive. The project's program generally includes: . The provision of 5' wide sidewalks, with 6" deep valley gutter system to catch basins, . Paved angular parking, including handicap parking, . Paving, regrading and striping of roadways, . Landscaping, including shade trees, . Irrigation System, and . Improvement of the drainage system Pursuant to the infusion of additional funds to the project's budget, on January 26, 2000, the City Commission approved and authorized (Resolution No. 2000-23768) an amendment to the Professional Services Agreement between the City and Gambach-Sklar Architects, Inc., in the amount of $18,392. The Additional Services consisted of additional enhancements to the design such as new landscaping at the north end of Rue Notre Dame and provision of additional trees. As a result, Gambach-Sklar Architects, Inc.'s contract with the City increased from $50,000 to $68,392. Thereafter, the design and construction documents were completed. . On September 28, 2001, Mr. Roberto Gambach, notified the City (Attachment I) that as of August 1,2001, the firm Gambach-Sklar Architects, Inc., had ceased its operations. Further, the City also learned of the creation of the two (2) independent firms of Gambach Architects, Inc., and Sklar Arkitekts, Inc., lead by the former principals of Gambach-Sklar architects, Inc. In light of the above circumstances, the Administration reviewed the terms of the Agreement with Gambach-Sklar Architects, Inc. The options available to the City to complete the project while having a smooth transition are as follows: Option #1 . Selection of a firm other that Gambach Architects, Inc, or Sklar Arkitekts, Inc. to complete the work. This option would require the annulment of the existing Agreement, and the selection of a new Architectural/Engineering firm, through an approved procurement process. It would also be necessary to execute a new Agreement. This process, in addition to the hardship of hiring a firm with no previous knowledge of the project, would result in additional delays. Option #2 . Assignment of the existing Agreement to Sklar Arkitekts, Inc., or Gambach Architects, Inc. Mr. Roberto Gambach of Gambach Architects, Inc., is the Principal that has been most involved in the Project. He is intricately familiar with the Project's scope, its program and design. Therefore, assigning the current Agreement to Gambach Architects, Inc., is recommended as being in the best interest of the Project and the City. Marseille Drive January 9, 2002 Page 3 In a letter dated October 30,2001, the Administration informed Mr. Gambach, and Mr. Sklarofthe City's intent to assign the Contract to Gambach Architects, Inc., in accordance with Article 18, of the Contract entitled "Additional Conditions". As a condition of the assignment, all documents, including drawings, calculations. specifications, correspondence, and other materials relevant to the Marseille Drive Streetscape Project will be assembled and submitted to the City by Gambach- Sklar Architects, Inc. The compensation for the remaining work will be a total of $11,800, which is comprised of $920 for the Bid Administration Phase, and $7,880 for the Construction Administration Phase, and no more than $3,000 to cover the reimbursable expenses for the Project. This amount ($11 ,800) will be assigned to Gambach Architects, Inc. if the Agreement is so assigned. As defined in the current Agreement, Gambach Architects, Inc., shall also provide to the City Professional Liability Insurance in the amount of $1 million to cover the work. All other provisions of the contract shall remain unchanged and in full force and effect. The design of another portion of the Marseille Drive I mprovements, consisting of water mains and street lighting upgrades, was undertaken and completed by the Public Works Engineering staff. In an effort to streamline both portions of the work, and consolidation of the Construction Contract for both the underground and the above ground improvements, the Administration established that it is in the best interest of the Project to assign the Construction Administration phase of that portion of the work to Gambach Architects, Inc. Negotiations with Gambach Architects, Inc. regarding the fees associated with these additional Construction Administration services have concluded. It is the Administration's recommendation that an amendment to the agreement in the amount of $10,990 be approved for the additional Construction Administration services. CONCLUSION: At this time, bid drawings for both portions of the project have been completed. Upon approval and authorization by the Mayor and City Commission, the Administration will issue a Notice to Gambach Architects, Inc. to take the necessary steps to proceed with the bidding phase ofthe work. Therefore the Administration recommends that the Mayor and City Commission adopt the Resolution. Marseille Drive January 9. 2002 Page 4 The following table indicates the funding distribution for the project. Fundina Distribution Table Marseille Drive Streetscape Project Costs Construction Available Cost Estimate funding Soft Costs: A&E Fees and Reimbursable Expenses $68,392 Public Works Design Fee $14,362 Additional Services - Construction Admin $10,990 Survey and TestinQ (Allowance) $5,000 Subtotal $98,744 $102,754 CIP Management Fee $40,584 Subtotal $40,584 $40,584 Hard Costs: Marseille Drive $487,898 Rue Notre Dame w/Street End $ 71,021 Rue Versailles $ 52,730 Landscaping $ 101,727 Irrigation $ 39,810 Water Main Installation $97,200 Street Lighting $59,500 Subtotal $909,886 $1,229,828 10% Contingency $ 90,988 Subtotal $ 90,988 $122,983 Grand Total $1,140,202 $1,496,149 \\CH2\VOl1IWORK\SAll\DIXC\PARKPROJECTS\MARSElllE DRIVE STREETSCAPE\GAM8ACH-RE-ASSlGN,doc ASSIGNMENT OF THE PROFESSIONAL SERVICES AGREEMENT, DATED SEPTEMBER 13, 1995, BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND GAMBACH-SKLAR ARCHITECTS, INC, (ASSIGNOR), TO GAMBACH ARCHITECTS, INC., (ASSIGNEE) AND AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND GAMBACH ARCHITECTS, INC., AS ASSIGNEE UNDER THE AGREEMENT DATED SEPTEMBER 13,1995, IN THE AMOUNT OF $10,990.00, FOR THE PROVISION OF 'CONSTRUCTION ADMINISTRATION AND MANAGEMENT, BIDDING, AND OTHER RELATED PROFESSIONAL SERVICES NECESSARY TO COMPLETE THE WATER MAIN REPLACEMENT, AND STREET LIGHTING IMPROVEMENTS FOR THE MARSEILLE DRIVE STREETSCAPE PROJECT. RECITALS WHEREAS, on September 13, 1995, the City of Miami Beach, Florida (the City) entered into a Professional Services Agreement with Gambach-Sklar Architects, Inc. (Consultant), to perform Professional Architectural, Engineering, and Land Surveying Services for Various Capital Projects Where Basic Construction Does Not Exceed $500,000 per Project for a Two (2) Year Period (the Agreement); subsequent thereto, a Service Order was issued to develop drawings and specifications, and to provide construction documents to Gambach-Sklar Architects, Inc. for the Marseille Drive Streetscape Project (the Project); said Agreement was amended (Amendment No.1) on January 26, 2000, in the amount of$39,380, for a total of$89, 380; and WHEREAS, the scope of the Project is comprised of improvements to the following streets: Marseille Drive, from Bay Drive to Rue Notre Dame; Rue Versailles, from Marseille Drive to Normandy Drive; and Rue Notre Dame, from Marseille Drive to Normandy Drive; and WHEREAS, on September 28, 2001, Gambach-Sklar, notified the City that, as of August 1, 2001, the firm had ceased operations; and WHEREAS, the City also learned of the creation of the two (2) independent firms ofGambach Architects, Inc. and Sklar Arkitekts, Inc., lead by the former principals ofGambach-Sklar Architects, Inc.; and WHEREAS, in light of the above, the Administration reviewed the terms of the Agreement with Gambach-Sklar Architects, Inc. and, on October 30, 2001, the Administration informed the principals ofGambach-Sklar Architects, Inc. of the Administration's proposal recommendation to the Mayor and City Commission to approve an assignment ofthe Agreement to Gambach Architects, Inc,; and WHEREAS, on January 9, 2002 the Mayor and City Commission concurred with the Administration, and adopted Resolution No. 2002-24701, approving and authorizing the assignment of the Agreement from Gambach-Sklar Architects, Inc. (the Assignor) to Gambach Architects, Inc. (the Assignee), to provide architectural and engineering services for the Project during the public bidding process, management, and construction administration phases; and WHEREAS, in addition, the water main replacement and street lighting upgrades portion of the Project were independently designed by the City's Public Works Department engineering staff; and WHEREAS, in order to bid and construct concuITently both portions of the Project, the Administration determined that it would be in the best interest of the Project to incorporate the construction administration and management, and bidding phases into the Agreement; and WHEREAS, the compensation to Gambach Architects, Inc. to perform the construction administration for the water main and street lighting installation designed by the City's Public Works staff, was agreed by both parties to be $10,990; and WHEREAS, on January 9, 2002, in addition to the approval of aforestated Assignment, the Mayor and City Commission also approved the Amendment No, 2 to the Agreement, in the amount of $10,990, for the provision of construction administration and management, bidding and other related professional services necessary to complete the water line replacement and street lighting improvements portion ofthe Project; and WHEREAS, funding to cover the construction administration for the water main and street lighting installation is available from previously appropriated funds as follows: $8,272 from the Water and Sewer Bond Fund No, 426, and $2,718, from the General Obligation Bond Fund No.373. NOW, THEREFORE, the parties hereto, and in consideration ofthe mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and COITect and are incorporated as a part ofthis Amendment No.2. 2. MODIFICATIONS a. The City herein approves the assignment of the Agreement from Gambach-Sklar Architects, Inc., as Assignor, to Gambach Architects, Inc., as Assignee. b. The Agreement is amended to incorporate the Additional Services to the Agreement, as described in Schedule "A" entitled "Scope of Services/Compensation for Additional Services", attached hereto; and Schedule "B", entitled "Project Schedule", to be provided by the Contractor. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No.2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH ~ 'f-- ~ t CITY CLERK . J GAMBACH ARCHITECTS, INC. (?~b,,-L P SIDENT By ATTEST: BY~~ I S RETARY 'p,~~-tt:> -1. 6b}.M3b~\-\ Print Name fi3 ~/jr7G I z- G/j-mL3A C-J+ Print Name APPROVED NJTO FORM &LANGUAGI! & FOR EXECUTlON 5-1 Lj_ vlf D* Schedule" A" To Amendment No.2 to the Professional Services Agreement between the City of Miami Beach, Florida and Gambach Architects, Inc., as Assignee under the Agreement dated September 13, 1995 Scope of Services/Compensation for Additional Services for the Construction Administration and Management, Bidding, and Other Related Professional Services of the Marseille Drive Water Main Replacement and Street Lighting Installation: Scope of Services: The Scope of the Consultant's services shall include the following: 1. Bidding Phase Services: a) Assist the City in obtaining lump sum bids with Additional and/or Deductive Alternatives. b) Assist the City in awarding and preparing the Contract for Construction of the water main lines and the street lighting system. 2. Construction Administration and Management Phase Services: Field Inspections for Water Main Construction: Perform field inspections for the review and conformance of water main construction as per the record plans. Included as part of these services shall be the following: a) Field review of water main construction b) Review of water main plans and shop drawings as required. c) Inspection of pipe installation; verification of pipe connection installation, as per the manufacturer's recommendations. d) Verification of pipe torque of bolted fitting connections. e) Review of field density tests during backfilling of trenches. f) Pressure test (monitoring) g) Order bacteriological water samples (Tests are Reimbursable) h) Submission of the Certification of Construction Completion form to the Department of Health (HRS) (City will reimburse $250.00 application fee). 3. Other Related Professional Services: As-Built Preparation: Prepare as-builts of water main plans as they are being constructed. Included as part of these services shall be the following items: a) The fieldwork for obtaining the as-built information b) As-built plans certified by a Registered Land Surveyor and Mapper c) Prepare As-built drawings signed and sealed based on information received from the Contractor and field inspections and submittal of one hard copy with Mylar and one digital file Auto CADD 14 or later version). d) Obtain a final survey at project completion. e) Coordinate streetlight inspection with relevant Public Works staff. Compensation: . Original Agreement amount $50.000.00, . Amendment No.1 (to include North End of Rue Notre Dame) amount $39.380.00. . Amendment No.2 (for the above described services) amount $10.990.00. . Revised Agreement amount $100.370.00, Schedule "B" To Amendment No.2 to the Professional Services Agreement between the City of Miami Beach, Florida and Gambach Architects, Inc., as Assignee under the Agreement dated September 13, 1995 Project Schedule: (To be Provided by Contractor)