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HomeMy WebLinkAbout2003-25263 Reso RESOLUTION NO. 2003-25263 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 AN AMENDMENT TO THE CURRENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE CORRADINO GROUP (FORMERLY KNOWN AS CARR SMITH CORRADINO) TO PROVIDE FOR AN EXTENSION OF TIME ON THE SCOTT RAKOW YOUTH CENTER; AND TO PROVIDE FOR AN EXTENSION OF TIME AND FOR ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE NORMANDY ISLE PARK AND POOL PROJECT; AND APPROPRIATING $100,000 FROM 1999 GENERAL OBLIGATION BOND INTEREST FOR SUCH PURPOSE. WHEREAS, on November 8, 1994, the citizens of the City of Miami Beach approved the issuance of $15 million in general obligations bonds for park improvements (Parks Bond); and WHEREAS, Bermello, Ajamil and Partners, Inc. (B&A) prepared a Master Plan that addressed the needs of twenty (20) City parks of various sizes, and improvements for the boardwalk and bikeways, that was adopted by the Mayor and City Commission on June 19, 1996; and WHEREAS, On July 16, 1997, the Mayor and City Commission approved a Resolution authorizing the City to enter into an agreement ("Agreement") with The Corradino Group (formerly known as Carr Smith Corradino) ("Consultant") for professional services related to the Parks Master Plan Bond Program Sites Scott Rakow Youth Center, Flamingo Park and Normandy Park in the amount of $536,068; and WHEREAS, the Mayor and City Commission approved the schematic plans for the base bids, base bid budgets for each project, and authorized the Administration to move forward with the designs and bid specifications for the projects on May 20, 1998; and WHEREAS, on July 15, 1998, the Mayor and City Commission appropriated additional funding for the Parks Master Plan Bond Program, in the amount of $13,980,915 (comprised of $13,835,915 from the Parks Bond, and $145,000 from the Riviera Apartments Lien Settlement), and subsequently amended the Agreement with the Consultant, increasing the Agreement amount by $237,955; and WHEREAS, on July 7, 1999, the Mayor and City Commission amended the Agreement with the Consultant, in the amount of $74,977, for the provision of additional services not included in the original scope of work, including several schematic designs for the approval of the Scott Rakow Youth Center Ice Rink (at least 17 different schemes and cost estimates and a scale model for presentations); plan revisions and redesigns requested by the Design Review Board (DRB) to gain board approval for Flamingo Park, Normandy Isle Park and the Scott Rakow Youth Center; and additional costs for surveying; and WHEREAS, on November 2, 1999, the citizens of the City of Miami Beach approved the issuance of approximately $92 million in General Obligation (GO) Bonds, of which approximately $2.8 million were for the construction of the Scott Rakow Youth Center, Flamingo Park and Normandy Park projects included under the Agreement; and WHEREAS, on November 17, 1999, the Mayor and City Commission referred the $92 million GO Bond Issue to a joint meeting of the Finance and Citywide Projects Committee and the Neighborhood's Committee, where, among other things, the Committees were to review and recommend action on amending the existing professional services agreements for the architecture and engineering of parks under the Parks Master Plan, given the infusion of additional funds into the project budgets; and WHEREAS, on December 15, 1999, the City Commission accepted the report from the Joint Meeting of the Finance and Citywide Projects Committee and Neighborhood's Committee, which included a recommendation to renegotiate the existing professional services agreements for the architecture and engineering of parks under the Parks Master Plan to fees based on a lower percentage of estimated construction costs; and WHEREAS, the Administration negotiated with the Consultant to reduce their fees related to the projects under the Agreement from 10% of estimated construction costs, to 9% of estimated construction costs; and WHEREAS, at the January 12, 2000 meeting, the Mayor and City Commission amended the Agreement and appropriated $153,937 (comprised of $131,937 for additional architectural and engineering services, $7,000 for additional surveying and testing, and $15,000 for other reimbursable expenses); and WHEREAS, the term of the City's original Agreement with the Consultant was for thirty (30) months, which included the construction period for all of the projects, and the projects were originally anticipated to be completed in 1999; and WHEREAS, only the Flamingo Pool project has reached substantial completion; and WHEREAS, on April 10, 2002, the City Commission amended the Agreement with the Consultant for an extension of time on the Normandy Isle Park and Pool through March 31,2003, and additional fees in the amount of $21,708 were awarded for that time for the purposes of covering additional costs of administering the project during the extended design process; and WHEREAS, the construction of the Normandy Isle Park and Pool project is not yet complete due to delays related to the necessary evaluation of an alternate pool deck system proposed by the Contractor to bring the project into budget and that an FPL transformer had to be relocated prior to construction starting; and WHEREAS, it is now estimated that the project will be substantially complete by December 31, 2003; and WHEREAS, the Consultant is now working with an agreement for which the term has expired and the fee exhausted, and has requested additional services to continue on these projects; and WHEREAS, the Consultant has agreed to waive its fee for two (2) months of the time they have been without an agreement (April and May 2003); and WHEREAS, the fee from June 1, 2003 through December 31, 2003 for the Normandy Isle Park and Pool project would be $7,700.00 per month for a total of $53,900 to be based on a time and materials basis; and WHEREAS, the Administration recommends authorizing additional services to the Consultant for Construction Administration in an amount not to exceed a total of $100,000; and WHEREAS, this would cover the $53,900 being requested and would also provide for a contingency in the event time is extended and would cover the Construction Administration costs of the Park portion of the project, which is not presently part of the construction contract; and WHEREAS, if the project extends past December 31,2003, the additional funding would be billed on a time and materials basis not to exceed $5,000 per month; and WHEREAS, to assure that the City only pays for the services received, access to the funds remaining after December 31, 2003 would only be permitted if written approval was provided by the City prior to the first day of the upcoming month, and would not exceed the $5,000 per month without the written consent of the City; and WHEREAS, also included in the amendment approved on April 10, 2002 was an extension of time for the Scott Rakow Youth Center project through May 31,2002, and additional fees in the amount of $59,708 were awarded for that time for the purposes of covering additional costs of administering the project during the extended design process; and WHEREAS, the construction of the Scott Rakow Youth Center project is not yet complete; and WHEREAS, the anticipated completion for Phase I of the project is July 31,2003, and for Phase II is December 31,2003; and WHEREAS, on the Scott Rakow Youth Center project, the Consultant had requested additional services in the amount of $55,000 for the time period from June 1, 2002 until April 30, 2003; and WHEREAS, during negotiations with the City, it was agreed that the project had not been active for the entirety of the time period in question, and the City believed that the Consultant made errors on the job, most specifically related to Change Order Requests 65 (HVAC roof supports and catwalks) and 35 (Electrical Conduits at Ticket Booths); and WHEREAS, while the Consultant respectfully disagreed with the City's opinion, they did propose to waive their request for additional services through July 31,2003; and WHEREAS, in an effort to clean-up the language of the contract, an extension of time through July 31, 2003 is recommended with no additional fees; and WHEREAS, it is unclear at this time to what extent the Consultant's services will be needed on Phase II of the project; and WHEREAS, if their services are needed after the July 31 st date, the Administration intends to authorize additional services through a letter agreement with the Consultant, which will provide for an extension of time beginning on August 1, 2003, and additional fees related to that extension of time; and WHEREAS, the fees for this extension are projected to be less than $20,000, and are currently available within the funding for Phase II of the project, which would be billed on a time and materials basis not to exceed $5,000 per month; and WHEREAS, to assure that the City only pays for the services received, access to the funds remaining after December 31,2003 would only be permitted if written approval was provided by the City prior to the first day of the upcoming month, and would not exceed the $5,000 per month without the written consent of the City; and WHEREAS, in order to finish the projects, the NE firm of record (the Consultant) must be retained to provide direction with regard to the construction drawings, as well as ensure that the projects are being built according to the construction drawings, essentially to perform traditional construction administration services; and WHEREAS, Section 2.12 of the Agreement states that the Consultant is entitled to Additional Services if the duration of the construction projects extend beyond 60 days past the stated term if the reason for the extended construction time is outside the control of the Consultant, which is the situation as it relates to Normandy Isle Park and Pool; and WHEREAS, the Administration recommends approving Additional Services and related fees in an amount not to exceed $100,000 to retain The Corradino Group as Architect/Engineer for the Parks Master Plan Bond Program Sites Scott Rakow Youth Center, Flamingo Park and Normandy Park through December 31,2003 for the Normandy Isle Park and Pool project and to provide an extension of time on the Scott Rakow Youth Center project through July 31,2003. 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 and authorize the Mayor and City Clerk to execute an amendment to the current agreement between the City of Miami Beach and The Corradino Group (formerly known as Carr Smith Corradino) to provide for an extension of time on the Scott Rakow Youth Center; and to provide for an extension of time and for additional services in an amount not to exceed $100,000, for the Normandy Isle Park and Pool project; and appropriate $100,000 from 1999 General Obligation Bond Interest for such purpose. PASSED AND ADOPTED this ATTEST: .~ CITY CLERK 30th dayof~ l 4AYOR FORM & LAN~A~ & FOR EXECUTIOI~I CiTY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: IA Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Current Agreement Between The City Of Miami Beach And The Corradino Group (Formerly Known As Carr Smith Corradino) To Provide For An Extension Of Time On The Scott Rakow Youth Center; And To Provide For An Extension Of Time And Additional Services in An Amount Not To Exceed $100,000, For The Normandy Isle Park And Pool Project; And Appropriatin~ $100,000 From 1999 General Obligation Bond Interest For Such Purpose. Issue' Shall the City award Additional Services to the Corradino Group to complete Construction Administration services on the Normandy Isle Park and Pool Project, and extend the term of the agreement for both the Normandy Isle Park and Pool and Scott Rakow Youth Center projects? Item Summary/Recommendation: On April 10, 2002, the City Commission amended the agreement with The Corradino Group for an extension of time on the Normandy Isle Park and Pool through Mamh 31,2003, and additional fees in the amount of $21,708 were awarded for that project, as well as an extension of time for the Scott Rakow Youth Center project through May 31, 2002, and additional fees in the amount of $59,708 for that project. The construction of the Normandy Isle Park and Pool project is not yet complete due to delays related to testing the viability of an alternate pool deck construction proposed by the Contractor during value engineering sessions to bring the project within budget and that an FPL transformer had to be relocated prior to construction starting. It is now estimated that the project will be substantially complete by December 31, 2003. The construction of the Scott Rakow Youth Center is also not yet complete. Phase I is anticipated to be complete by July 31, 2003, and Phase II by December 31, 2003. In order to finish the projects, the NE firm of record, The Corradino Group, must be retained to provide direction with regard to the construction drawings, as well as ensure that the projects are being built according to the construction drawings. The Corradino Group is now working without a valid agreement, and subsequently without compensation, and has requested additional services and an extension of time to continue on the Normandy Isle Park and Pool project, and an extension of time for the Scott Rakow Youth Center with no additional fees at this time. The Corradino Group has agreed to waive its fee for two (2) months of the time they have been without an agreement (April and May 2003) on the Normandy Isle Park and Pool project. The fee from June 1, 2003 through December 31, 2003 would be $7,700.00 per month for a total of $53,900 to be based on a time and materials basis. The Administration recommends undertaking an agreement with Corradino for additional services not to exceed a total of $100,000. Corradino would provide services through December 31,2003 for an initial amount of $53,900. If the project extends past December 31,2003, the additional funding would be billed on a time and materials basis not to exceed $5,000 per month. To assure that the City only pays for the services received, access to the funds remaining after December 31,2003 would only be permitted if wdtten approval was provided by the City prior to the first da}, of the upcomin~ month. Advisory Board Recommendation: J N/A Financial Information: Funcl/s~ Si0010~0 i9~9 ~n~l' '0biig~fi0~' Bond ~ Interest F~an~/e'Dept. ~Otal $100,000 City Cle/rk's Office Legislative Tracking: I Kristin L. McKew, Capital Project Administrator CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www, miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Date: July 30, 2003 Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez I ~c~ City Manager 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 AN AMENDMENT TO THE CURRENT AGREEMENT BETVVEEN THE CITY OF MIAMI BEACH AND THE CORRADINO GROUP (FORMERLY KNOWN AS CARR SMITH CORRADINO) TO PROVIDE FOR AN EXTENSION OF TIME ON THE SCOTT RAKOW YOUTH CENTER; AND TO PROVIDE FOR AN EXTENSION OF TIME AND FOR ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE NORMANDY ISLE PARK AND POOL PROJECT; AND APPROPRIATING $100,000 FROM 1999 GENERAL OBLIGATION BOND INTEREST FOR SUCH PURPOSE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding is available from the 1999 General Obligation Bond Interest. ANALYSIS On July 16, 1997, the Mayor and City Commission approved a Resolution authorizing the City to enter into an agreement with The Corradino Group (formerly known as Carr Smith Corradino) for professional services related to the Parks Master Plan Bond Program Sites Scott Rakow Youth Center, Flamingo Park and Normandy Park in the amount of $536,068 from the Parks Bond. This agreement has been amended several times, an outline of which is included in Attachment # 1. The term of the City's original agreement with The Corradino Group was for thirty (30) months, which included the construction period for all of the projects. The projects were originally anticipated to be completed in 1999, and only the Flamingo Pool project has reached substantial completion. A construction contract was awarded to Regosa Engineering for the construction of the Normandy Isle Park and Pool project, with an estimated construction completion date of Spring 2003. City Commission Memorandum July 30, 2003 Normandy Isle Park and Pool Additional NE Services Page 2 of 4 On April 10, 2002, the City Commission amended the agreement with The Corradino Group for an extension of time on the Normandy Isle Park and Pool through March 31, 2003, and additional fees in the amount of $21,708 were awarded for that time for the purposes of covering additional costs of administering the project during the extended design process. The construction of the Normandy Isle Park and Pool project is not yet complete due to delays related to the necessary evaluation of an alternate pool deck system proposed by the Contractor to bring the project into budget and that an FPL transformer had to be relocated prior to construction starting. It is now estimated that the project will be substantially complete by December 31, 2003. Also included in the amendment approved on April 10, 2002 was an extension of time for the Scoff Rakow Youth Center project through May 31, 2002, and additional fees in the amount of $59,708 were awarded for that time for the purposes of coveting additional costs of administering the project during the extended design process. The construction of the Scott Rakow Youth Center project is not yet complete. Anticipated completion for Phase I of the project is July 31,2003, and for Phase II is December 31, 2003. In order to finish the projects, the NE firm of record, The Corradino Group, must be retained to provide direction with regard to the construction drawings, as well as ensure that the projects are being built according to the construction drawings, essentially to perform traditional construction administration services. The Corradino Group is now working with an agreement for which the term has expired and the fee exhausted, and has requested additional services to continue on these projects (Attachment # 2). Section 2.12 of the contract states that The Corradino Group is entitled to Additional Services if the duration of the construction projects extend beyond 60 days past the stated term. This clause can only be exercised if the reason for the extended construction time is outside the control of The Corradino Group, which is the situation as it relates to Normandy Isle Park and Pool. Normandy Isle Park and Pool On the Normandy Isle Park and Pool project, The Corradino Group has requested additional services on a monthly basis as follows (not to exceed amounts): Expenditure # of Hours Fee Total (per Month) (~)er hour) Project Manager 50 $122.00 $6,100.00 Principle 10 $145.00 $1,450.00 Reimbursable Expenses $150.00 $150.00 TOTAL $7,700.00 The Corradino Group has agreed to waive its fee for two (2) months of the time they have been without an agreement (April and May 2003). The fee from June 1, 2003 through December 31,2003 would be $7,700.00 per month for a total of $53,900 to be based on a time and materials basis. City Commission Memorandum July 30, 2003 Normandy Isle Park and Pool Additional NE Services Page 3 of 4 The Administration recommends authorizing additional services to Corradino for Construction Administration in an amount not to exceed a total of $100,000. This would cover the $53,900 being requested and would also provide for a contingency in the event time is extended and would cover the Construction Administration costs of the Park portion of the project, which is not presently part of the construction contract. If the project extends past December 31, 2003, the additional funding would be billed on a time and materials basis not to exceed $5,000 per month. To assure that the City only pays for the services received, access to the funds remaining after December 31,2003 would only be permitted if written approval was provided by the City prior to the first day of the upcoming month. In addition, Corradino would not be permitted to work more than the prescribed hours per month ($5,000) without written consent of the City. This same process would be followed for the Construction Administration related to the Park portion of the project. The original agreement fee was set as a percentage of construction value for services over a specified term. The additional services, under the agreement, are provided on an houdy basis for hours worked. The fee proposed for The Corradino Group is a fair proposal and represents current market rates for this type of work. Scott Rakow Youth Center On the Scott Rakow Youth Center project, The Corradino Group had requested additional services in the amount of $55,000 for the time period from June 1, 2002 until April 30, 2003. During negotiations with the City, it was agreed that the project had not been active for the entirety of the time period in question. Similarly, the City believed that The Corradino Group made errors on the job, most specifically related to Change Order Requests 65 (HVAC roof supports and catwalks) and 35 (Electrical Conduits at Ticket Booths). While The Corradino Group respectfully disagreed with the City's opinion, they did propose to waive their request for additional services through July 31,2003. However, in an effort to clean-up the language of the contract, an extension of time through July 31, 2003 is recommended with no additional fees. It is unclear at this time to what extent their services will be needed on Phase II of the project. If their services are needed after the July 31st date, the Administration will intends to authorize additional services through a letter agreement with The Corradino Group, which will provide for an extension of time beginning on August 1, 2003, and additional fees related to that extension of time. The fees for this extension are projected to be less than $20,000, and are currently available within the funding for Phase II of the project. As with the Normandy Isle Park and Pool project, the additional fees would be billed on a time and materials basis not to exceed $5,000 per month. To assure that the City only pays for the services received, access to the funds remaining after July 31, 2003 would only be permitted if written approval was provided by the City prior to the first day of the upcoming month. In addition, Corradino would not be permitted to work more than the prescribed hours per month ($5,000) without written consent of the City. City Commission Memorandum July 30, 2003 Normandy Isle Park and Pool Additional NE Services Page 4 of 4 CONCLUSION: The Administration recommends approving Additional Services and related fees in an amount not to exceed $100,000 to retain The Corradino Group as Architect/Engineer for the Parks Master Plan Bond Program Sites Scott Rakow Youth Center, Flamingo Park and Normandy Park through December 31,2003 for the Normandy Isle Park and Pool project and to provide an extension of time on the Scott Rakow Youth Center project through July 31,2003. T:~AGENDA~003~jul3003~onsent~Corradino Addl Services memo.doc Attachment # 1 - Timeline Related to Parks Master Plan Bond Program Sites of Flamingo Pool, Scott Rakow Youth Center and Normandy Isle Park and Pool November 8, 1994 June 19,1996 July 16,1997 May 20,1998 July15,1998 July 7,1999 The citizens of the City of Miami Beach approved the issuance of $15 million in general obligation bonds for park improvements (Parks Bond). Bermello, Ajamil and Partners, Inc. (B&A) prepared a Master Plan that addressed the needs of twenty (20) parks of various sizes, and improvements for the Boardwalk and bikeways. The Mayor and City Commission adopted the Master Plan prepared by B&A. The Mayor and City Commission approved a Resolution authorizing the City to enter into an agreement with The Corradino Group (formerly known as Carr Smith Corradino) for professional services related to the Parks Master Plan Bond Program Sites Scott Rakow Youth Center, Flamingo Park and Normandy Park in the amount of $536,068 from the Parks Bond. The Mayor and City Commission approved the schematic plans for the base bids, base bid budgets for each project, and authorized the Administration to move forward with the designs and bid specifications for the projects. The Mayor and City Commission appropriated additional funding for the Parks Master Plan Bond Program in the amount of $13,980,915 (comprised of $13,835,915 from the Parks Bond and $145,000 from the Riviera Apartments Lien Settlement). This action also amended the professional services agreement with The Corradino Group, increasing the agreement amount by $237,955. The Mayor and City Commission amended the agreement with The Corradino Group in the amount of $74,977 for the provision of additional services not included in the original scope of work, including several schematic designs for the approval of the Scott Rakow Youth Center Ice Rink (at least 17 different schemes November 2, 1999 November 17, 1999 December 15, 1999 Janua~ 12,2000 and cost estimates and a scale model for presentations), plan revisions and redesigns requested by the Design Review Board (DRB) to gain board approval for Flamingo Park, Normandy Isle Park and the Scott Rakow Youth Center, and additional costs for surveying. The citizens of the City of Miami Beach approved the issuance of approximately $92 million in General Obligation (GO) Bonds. Of the $24.8 million GO Bond funds that were allocated for Parks and Beaches projects, approximately $2.8 million were for the construction of the Scott Rakow Youth Center, Flamingo Park and Normandy Park projects included under The Corradino Group's professional services agreement. The Mayor and City Commission referred the $92 million GO Bond Issue to a joint meeting of the Finance and Citywide Projects Committee and the Neighborhood's Committee. Among other things, the Committees were to review and recommend action on amending the existing professional services agreements for the architecture and engineering of parks under the Parks Master Plan, given the infusion of additional funds into the project budgets. The City Commission accepted the report from the Joint Meeting of the Finance and Citywide Projects Committee and Neighborhood's Committee. The report included a recommendation to renegotiate the existing professional services agreements for the architecture and engineering of parks under the Parks Master Plan to fees based on a lower percentage of estimated construction costs. The Mayor and City Commission amended the City's agreement with The Corradino Group and appropriated $153,937 (comprised of $131,937 for additional architectural and engineering services, $7,000 for additional surveying and testing, and $15,000 for other reimbursable expenses). This represented a lower fee related to the projects under their agreement with the City. The Corradino Group's original fees had been based on 10% of estimated construction costs. The Administration (with The Corradino Group's agreement) April 10, 2002 recommended to the Mayor and City Commission a new fee structure based on 9.0% of estimated construction costs. Based on estimated construction costs of $10,138,224 for the 3 projects, The Corradino Group's fee at a rate of 10% would have been $1,013,822. At a rate of 9.0%, the fees were reduced to $912,440. The City Commission amended the agreement with The Corradino Group for an extension of time on the Normandy Isle Park and Pool through March 31,2003, and additional fees in the amount of $21,708. An extension of time for the Scott Rakow Youth Center project through May 31,2002, and additional fees in the amount of $59,708 were also awarded at that time. The scope of the agreement was also revised by removing the Flamingo Park project and related fees in the amount of $100,147 from the agreement.