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Home My WebLink About2002-24989 Reso RESOLUTION NO. 2002-24989 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AN AMENDMENT IN THE AMOUNT OF $43,750 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, FOR CONSTRUCTION MANAGEMENT OF THE COLONY THEATER RENOVATION PROJECT. WHEREAS, on October 6, 1999, the Mayor and City Commission adopted Resolution No. 99-23348, authorizing the City to execute a Professional Services Agreement (Agreement) with the State of Florida, Department of Management Services (DMS) for construction management of the Colony Theater; and WHEREAS, at the time DMS was engaged by the City to manage the design and construction of the Colony Theater, the total estimated cost of the project, based upon an early conceptual design by Zeidler Roberts, Inc., was $1,750,000; and WHEREAS, the Agreement between DMS and the City provides for DMS to receive a fee equivalent to 2.85% of the total budget and 2.5% of the budget in excess of $1,750,000; and WHEREAS, on May 14, 2001, the City's Finance and Citywide Project Committee voted to recommend a request for additional funding for the Colony Theater Project, in the amount $1,415,000 from the RDA to Qegin bridging an estimated $2,415,000 shortfall between the original concept budget and the actual preliminary cost estimate; and WHEREAS, On June 27, 2001, the RDA appropriated said funding and approved an amendment to DMS's fee in the amount of $61,436, pursuant to the provisions of the Agreement; and WHEREAS, on June 28, 2002, the Finance and Citywide Projects Committee voted to recommend a second funding request for the Colony Project, in the amount of $1,750,000, to address significant unforeseen plan modifications mandated by certain regulatory entities, including but not limited to, the City's Historic Preservation and Design Review Boards, the Building and Fire Departments, Accessibility, the State Historic Preservation Officer, the Florida Building Commission, and Miami-Dade County's Board of Rules and Appeals; and WHEREAS, subsequent to the favorable recommendation by the Committee, the RDA appropriated the requested funding on July 10, 2002; and WHEREAS, this second increase in the projectcost also took into consideration certain increases in architectural and engineering fees as well as a second amendment to DMS's fees in accordance with the Agreement; and WHEREAS, based upon the second increase in the project cost, the Agreement provides for DMS' fees to increase by $43,750. NOW, THEREFORE, BE IT DULY RESOLVED BYTHE MAYOR AND MEMBERS OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize a second amendment, in the amount of $43,750, to the Professional Services Agreement, between the City of Miami Beach and the State of Florida, Department of Management Services, for construction management of the Colony Theater. PASSED AND ADOPTED this 25th day of Se e b ATTEST: ~a PM~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 0).... 1- d .. Or Date JMG/CMC:KOB T:\AGENDA\2002lSEP2502IRDA\OMS_Contracl.RES.doc CITY OF MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY ~ Condensed Title: A Resolution approving an amendment in the amount of $43,750 to the Professional Services Agreement between the City of Miami Beach and the State of Florida, Department of Management Services (DMS) for construction management of the Colony Theater. Issue: On July 10, 2002, pursuant to the recommendation of the Finance and Citywide Projects Committee, the RDA appropriated $1,750,000 towards the Colony Theater Project, in order to address increases In construction costs resulting from certain design, programmatic, code and regulatory mandates imposed on the Project. This appropriation also took into account increases in soft costs, including, but not limited to, an amendment to the management fee payable to DMS. The Agreement provides for a fee increase eauivalent to 2.5% of the increase in bud~et, or $43,750. Item Summary/Recommendation: The Administration therefore recommends amending the Professional Services Agreement with the State of Florida, Department of Management Services for construction management of the Colony Theater in the amount of $43,750. Funding for this request has already been appropriated as noted above. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: ~ L:J Finance Dept. City Center RDA (Appropriated on July 10, 2002) City Clerk's Office Legislative Tracking: I Kent O. Bonde T:\AGENDAI2002ISEP2502\RDAldms.SUM.doc AGENDA ITEM DATE C71< ?-olS--cJ :L CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Date: September 25, 2002 Members of the City Commission Jorge M. Gonzalez \ ~ City Manager () fr U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AN AMENDMENT IN THE AMOUNT OF $43,750 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, FOR CONSTRUCTION MANAGEMENT OF THE COLONY THEATER RENOVATION PROJECT. To: Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On October 6, 1999, the Mayor and City Commission adopted Resolution No. 99-23348, authorizing the City to execute a Professional Services Agreement (Agreement) with the State of Florida, Department of Management Services (DMS) for construction management of the Colony Theater. At the time DMS was engaged by the City to manage the design and construction of the Colony Theater, the total estimated cost of the project was $1,750,000. This figure was at best, a rough estimate based on an earlier conceptual design by Zeidler Roberts, Inc. The Contract Agreement between DMS and the City provides for DMS to receive a fee equivalent to 2.85% of the total budget, or $49,900, which was based on this early estimate. On May 14, 2001, the Administration went before the City's Finance and Citywide Project Committee to request additional funding for the Colony Theater Project, in the amount $1,415,000 from the RDA. The Committee voted in favor of recommending the appropriation. Subsequent to the Committee's recommendation, the RDA appropriated the funding on June 27,2001. The additional funding was necessary in order to begin bridging an estimated $2,415,000 shortfall between the original concept budget and the actual preliminary cost estimate, based on the design drawings and programmatic requirements. The RDA also approved an amendment to OMS's fee in the amount of $61 ,436, pursuant to a provision in the Agreement, which provides for a fee increase equivalent to 2.5% of the revised budget in excess of $1,750,000. The fees were based on a revised project cost of $4.2 Million. On June 28, 2002, in response to revised project cost estimates based on 100% construction drawings, the Administration presented a second funding request to the Finance and Citywide Projects Committee, in the amount of $1,750,000. Since the initial funding request, the plans had to undergo significant modifications, to address a variety of design, code-related and programmatic issues, mandated by certain regulatory entities, including but not limited to, the City's Historic Preservation and Design Review Boards, the Building and Fire Departments, Accessibility, the State Historic Preservation Officer, the Florida Building Commission, and Miami-Dade County's Board of Rules and Appeals. The cost of implementing these modifications, many of which were unforeseen, resulted in the significant cost increase to the Project. Subsequent to a favorable recommendation by the Committee, the RDA appropriated the requested funding on July 10, 2002. This increase in project cost also took into consideration certain increases in architectural and engineering fees as well as a second amendment to DMS's fees in accordance with the Agreement. Based on the $1,750,000 increase in the project cost, DMS's fees will increase by $43,750. The Administration therefore recommends amending the Professional Services Agreement with the State of Florida, Department of Management Services for construction management of the Colony Theater in the amount of $43,750. The total overall cost of the Project stands at $6.3 million, of which the RDA is funding $3,165,000, or 50 percent. The balance of the Project is being funded through a combination of federal, state and county grant sources. Since the last project update provided with the appropriation memo in the July 10, 2002, agenda package, the permitting of the Project encountered delays with the structural review process, which were resolved at the beginning of September. As of the writing of this report, the final permit was pending approval by Concurrency and Zoning, and was anticipated to be issued before the end of September. Since the closing of the Colony in mid-July, theater staff has been disassembling and cataloging equipment, including lighting, rigging, projectors and sound equipment, for storage and/or for rental to outside theatrical facilities. The Contractor was in the process of finalizing staging and fencing permits. The Administration recommends amending the Professional Services Agreement with the State of Florida, Department of Management Services for construction management of the Colony Theater in the amount of $43,750. JMG/~:KOB T:IAGENDAI2OO2\SEP2502\RDA\DMS_ Contract.doc Attachments STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES BUILDING CONSTRUCTION (Be) 4030 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FLORIDA 32399-0950 AMENDMENT TO AGREEMENT BETWEEN CLIENT AND AGENT BC PROJECT NUMBER: COMB-99042000 PROJECT NAME AND LOCATION: Renovations and Restoration The Colony Theatre City of Miami Beach, Florida CLIENT: City of Miami Beach Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Jeb Bush Governor Cynthia A. Henderson Secretary 99042000COMB_AMD2.DOC Amendment No.2 Amendment No.: 2 THIS AMENDMENT made this 16th day of September in the year Two Thousand and Two BY AND BETWEEN BUILDING CONSTRUCTION (Be), DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, hereinafter called the AGENT or BC, and City of Miami Beach Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 herinafter called the CLIENT or OWNER. WITNESSETII, that whereas the Client entered into Agreement with the Agent on the 20th day of October, 1999 for the purpose of implementing this project; that whereas on June 7, 2001 the Client and Agent amended the Agreement to add additional funding in the amount of $2.814.711.00; that whereas the Client now wishes to amend the agreement to add additional funding in the amount of $1.750.000.00 to fund the Construction Manager's latest construction cost estimate; that whereas this is the reason for this Amendment. NOW THEREFORE, BC and the Client, for the considerations hereinafter set forth, agree as follows: GENERAL: All Articles and Exhibits not specifically addressed in this Amendment shall remain in full force. 1. Article 2. The Project Budget is as shown in the attached Exhibit n, which by reference and attachment hereto forms a part of this Agreement. 3. Article 7. BC's administrative fees for the various project management services are based on services as shown in Exhibit n and shall be as follows: ONE HUNDRED FIFTY FIVE TIIOUSAND EIGHTY SIX DOLLARS ($155,086.00) If the Project Budget is increased in excess of $6.064.711.00. BC's fee may be increased by 2.5% of the revised budget in excess of$6.064.711.00. 4. Article 8. The balance of BC's administrative fees prescribed in Article 7 hereinabove, will be invoiced once for the total amount due and the CLIENT will issue a Purchase Order to BC. The Purchase Order will identify a Fiscal Contact Representative to be responsible for all payments under this Agreement. Payments are to be made in ~ quarterly payments against the invoicelPurchase Order. 2 Amendment No.2 The Client agrees to pay the Agent a total administrative fee of $155.086.00 for its services prescribed in Article 7. As of this date, BC has already invoiced the CLIENT for $111.336.00 based on the original agreement and Amendment Number I. As of August 31, 2002, $91.107.00 has been received, with a balance due of $20.229.00. BC will invoice the CLIENT for the additional $43.750.00 fee upon execution of this Agreement and the CLIENT agrees to pay BC the remaining $63.979.00 in ~ quarterly payments as follows: $63,979.00 + 5 Quarters = $12,795.80 4 Equal Quarterly Payments of$12,795.00 I Final Quarterly Payment of $12,799.00 3 Amendment No.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fITst written above. CLIENT CITY OF MIAMI BEACH BY~~ f~ Robert Parcher, City Clerk APPROVED AS 10 FORM & LANGUAGE "FOR EXECUTION 4AJ IMI~l.PJ,y (Q_rr..-Oy v ~ Date As Witnessed: By ~/A'- / / AGENT BUILDING CONSTRUCTION DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA As Witnessed: APPROVED: By BY~C. W Cynthia A. Henderson, e Approved As To Form and Legality: By 4 Amendment No.2 EXHIBIT n OWNER'S PROJECT BUDGET CONSTRUCTION AGREEMENT (McCARTNEY ONSTRUCTION) PROGRAMMING ARCHITECT-ENGINEER BASIC SERVICES AUTHORIZATION #1 - MEASURED DRAWING AUTHORIZATION #2 - ESTIMATING AUTHORIZATION #3 - SCHEMATIC DESIGN & CONSTRUCfION ESTIMATE AUTHORIZATION #4 - COST ESTIMATES AUTHORIZATION #5 - TSG DESIGN SOLUTIONS AUTHORIZATION #6 - MEASURED DRAWINGS AUTHORIZATION #7 - LANDSCAPE DESIGN AUTHORIZATION #8 - COST ESTIMATES FOR DD & CD AUTHORIZATION #9 - THRESHOLD INSPECfION SERVICES AUTHORIZATION #10 -ARTEC ACOUSTIC CONSULTANTS AUTHORIZATION #11 - STRUCTURAL UPGRADES 25% RULE AUTHORIZATION #12 - INTERIOR DESIGN SELECfION AUTHORIZATION #13 R- OBTAINING APPROVAL FROM COMB AUTHORIZATION #14 - SURVEY AUTHORIZATION #15 - SOIL BORINGS AUTHORIZATION #16 - REIMBURSABLE EXPENSES AUTHORIZATION #17 - OBTAIN WAIVER FROM COMB AUTHORIZATION #18 - STRUCTURAL ANALYSIS AUTHORIZATION #19 - REPLACEMENT COST ESTIMATE AUTHORIZATION #20 - ADDITIONAL DESIGN OF THEATER EQUIPMENT AUTHORIZATION #21 - Architectural & Engineering Services INDEMNIFICATION CONSTRUCfION COST ALLOWANCE DMS FEE TOTAL 5 $3,100,000.00 3,500.00 313,690.00 3,000.00 3,000.00 7,840.00 3,000.00 16,765.00 8,000.00 4,000.00 8,500.00 7,500.00 67,045.00 10,000.00 7,500.00 21,111.00 2,058.00 1,146.00 10,000.00 20,000.00 7,606.00 3,013.00 6,884.00 48,200.00 10.00 2,226,257.00 155.086.00 $6,064,711.00