HomeMy WebLinkAbout2004-25480 Reso
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Resolution No. 2004-25480
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AMENDMENT NUMBER 5 TO THE ARCHITECTURAL AND
ENGINEERING AGREEMENT WITH ROBERT A. M. STERN
ARCHITECTS, REALLOCATING $136,000 FROM OTHER
PORTIONS OF THE AGREEMENT, ALLOCATING $84,000
FROM THE REGIONAL LIBRARY PROJECT CONTINGENCY
FOR ADDITIONAL CONSTRUCTION ADMINISTRATION
SERVICES REQUIRED TO COMPLETE THE CONSTRUCTION
OF THE MIAMI BEACH REGIONAL LIBRARY, AND SETTING
AN EFFECTIVE DATE.
WHEREAS, on September 23. 1998, the Mayor and City Commission
adopted Resolution No. 98-22904, authorizing the Mayor and City Clerk to
execute an Agreement with the firm of Robert A. M. Stem Architects (Stern) for
the architectural and engineering design of a Regional Library, a 400-space
Parking Garage, and a Master Plan for Park and Streetscape Improvements in
the area surrounding Collins Park (the Project); and
WHEREAS, amendment No. 1 in the amount of $72,695 was approved in
June of 1999 for design of the streetscape for the blocks surrounding Collins
Park, the parking lot east of Collins Avenue, the Miami City Ballet building and
the Regional Library; and
WHEREAS, Amendment No.2 in the amount of $76,640 was approved in
June of 2000 for the redesign of the back area of the library building and the
relocation of mechanical and electrical equipment in the north parking lot; and
WHEREAS, Amendment No.3 in the amount of $134,090 was approved
in June of 2000 for design, bidding and construction administration of the portion
of Collins Park located west of Collins Avenue; and
WHEREAS, Amendment No.4 in the amount of $26,867 was approved in
June of 2000 for additional construction administration services associated with
the streetscape work around Collins Park; and
WHEREAS, additional services from Stem were required beyond the
original base contract's expiration date of September 24, 2001 to continue
construction administration services for the Miami Beach Regional Library; and
WHEREAS, Amendment No.5, a true copy pf which is attached and
made part of this Resolution, provides for additional services between September
24,2001 and March 31, 2004; and
WHEREAS, on September 17, 2003 Stern submitted an additional service
request to the City in the amount of $414,095; and
WHEREAS, the City found this request to be excessive, and failing to
properly substantiate the amount of hours claimed, as well as the nature of the
work that was allegedly being performed and billed for; and
WHEREAS, on December 19, 2003 City staff negotiated a final amount of
$220,000 to be paid as compensation for the time extension, as incorporated and
set forth in Amendment No.5; and
WHEREAS, the total amount of $220,000 includes $190,000 for services
from September 24, 2001 to December 31, 2003, plus an allocation of $10,000
per month for the three months of January through March of 2004, which will
allow Stern to continue providing services through the completion of the Regional
Library project; and
WHEREAS, $136,000 will be re-allocated from unspent reimbursable fees
and Amendments for which work will not be completed, and $84,000 will be
funded by the project contingency.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
Section 1: the Mayor and City Commission herein approve Amendment
No.5, attached herein, to the architectural and engineering Agreement with
Robert A. M. Stern Architects, reallocating $136,000 from other portions of the
Agreement, and approving additional funding of $84,000 from the Regional
Library project contingency for additional construction administration services
required to complete the construction of the Miami Beach Regional Library.
Section 2: this resolution shall become effective upon adoption.
PASSED, ADOPTED AND APPROVED this 4t Cla of F.: bruary, 2004.
ATTEST:
~6 Pc<<~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AGENDA\2004\Feb0404\Regular\Amendment #5 to Stem Contract - Reso.doc
~~
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CITY OF'MIAMJ'BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A resolution approving Amendment NO.5 to the agreement with Robert A.M. Stern
Architects, reallocating $136,000 from other portions of the agreement, approving
additional funding of $84,000 from the Regional Library project contingency for
additional construction administration services to complete the Miami Beach Regional
Libra ro'ect.
Issue:
Should the City approve this amendment for additional construction administration
services to com lete the construction of the Miami Beach Re ional Libra ?
Item Summa IRecommendation:
As a result of a time extension on the Regional Library project, Robert A.M. Stern
Architects (Stern) requested additional services in the amount of $414,095. The City
found this request to be excessive, and negotiated a final compensation of$190,000 for
additional services from September 24, 2001 to December 31, 2003. An additional
allocation of $10,000 per month for the three months of January to March of 2004 will
allow continued services through the completion of the Miami Beach Regional Library
project. Amendment number 5 to Stern's contract provides for this increase. Staff
recommends a roval of this resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islative Trackin
Jorge E. Chartrand, Assistant Director of CIP
AGENDA ITEM R 7 c..
DATE ~-~-Ol{
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~~
City Manager 0
Date: February 4, 2004
To:
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NUMBER 5 TO THE
ARCHITECTURAL AND ENGINEERING AGREEMENT WITH ROBERT A. M.
STERN ARCHITECTS, REALLOCATING $136,000 FROM OTHER PORTIONS
OF THE AGREEMENT, AND ALLOCATING $84,000 FROM THE REGIONAL
LIBRARY PROJECT CONTINGENCY FOR ADDITIONAL CONSTRUCTION
ADMINISTRATION SERVICES REQUIRED TO COMPLETE THE
CONSTRUCTION OF THE MIAMI BEACH REGIONAL LIBRARY.
ADMINISTRATION RECOMMENDATION
Approve the resolution.
FUNDING
Of the total change order amount of $220,000, $136,000 will be re-allocated from unspent
reimbursable fees in the current contract with Robert A.M. Stern and amendments for
which work will not be completed, and $84,000 will be funded by the project contingency.
BACKGROUND
In September of 1998, the City entered into an agreement with Robert A.M. Stern
Architects (Stern) in the amount of $1,570,000 for architectural and engineering design
services for the Miami Beach Regional Library, a 400-space parking garage, and the
master plan for park and streetscape improvements in the area surrounding Collins Park.
From the total contract amount, the sum of $205,000 was allocated for reimbursable
expenses.
Since the approval of the original base contract with Stern, four amendments have been
issued. Amendment No.1 increased the Contract by $72,695 and was approved in June
of 1999 for design of the streetscape for the blocks surrounding Collins Park, the parking
lot east of Collins Avenue, the Miami City Ballet building and the Regional Library. This
amendment also removed the 400-space parking garage and reduced the original
agreement by $200,000.
City Commission Memorandum
February 4, 2004
Amendment #5 to Stern's Contract
Page 2 of 4
Amendments No.2, 3 and 4 were approved in June of 2000. Amendment NO.2 in the
amount of $76,640 provided for the redesign of the back area of the library building and the
relocation of mechanical and electrical equipment in the north parking lot. Amendment No.
3 in the amount of $134,090 provided for design, bidding and construction administration of
the portion of Collins Park located west of Collins Avenue. Amendment No. 4 in the
amount of $26,867 provided for additional construction administration services associated
with the streetscape work around Collins Park.
The term for the original base contract with Stern lapsed on September 24, 2001 even
though Stern had not provided all of the services contemplated in the base agreement.
However, the language of the Agreement allows for additional services to Stern beyond
this expiration date. Prior to September 24, 2001, Stern provided some services which
were additional to the scope in their original Agreement. These services included
assistance to the City in preparing documents for the demolition of the existing buildings on
site; providing recommendations on bidding and constructing the Fruit Stand parking lot out
of sequence; providing information necessary for securing the State Library Grant;
redesign of the decorative tiles for the Collins Park Cultural Campus sidewalks as
recommended by the Committee; and others. Stern and the City never settled on the costs
of these services but they are part of this current recommended proposal.
From September 24, 2001 until the commencement of construction in March 2002, Stern
provided a number of project related services which were also not part of the original
scope. This included additional design work requested by the City or recommended by the
Oversight Committee and accepted by the City; regular attendance at the Collins Park
Cultural Campus Oversight Committee monthly meetings beyond those included in their
original Agreement; support to staff regarding the acquisition of the property needed for the
construction of the Project; recommendations and assistance in developing qualifications
for pre-qualifying the prospective bidders on the Project; and others. Stern was also
involved in the redesign of certain elements of the project at the request of the City or the
Library system, such as the height of the decorative walls around the parking lots; changes
in the landscape design requested by the Planning Department; the front entrance
circulation desk; and others.
The permitting process for the Project required an inordinate amount of time and lasted
from February 2001 to September 2001. The review of the documents required numerous
re-submittals and attendance to numerous meetings by the staff of Stern and their sub-
consultants. This process was much longer than that envisioned in the original Agreement
and required more time than reasonably expected.
The bidding process was also delayed by several bid protests which required additional
reviews by Stern of the bid proposals, several meetings and sample project visits and
several assessments and recommendations on the appropriateness of the low bidders'
proposals and of their qualifications to construct the Project. This process was also longer
and more complex than expected and required more effort by Stern and their sub-
consultants than could have been envisioned at the time the original Agreement was
City Commission Memorandum
February 4, 2004
Amendment #5 to Stern's Contract
Page 3 of 4
executed. Time for these additional involvements and services are included in this
recommended proposal as well.
Finally, the construction process has taken longer than originally scheduled and Stern has
continued to provide Construction Administration services for the Project. The original
construction contract Final Completion was scheduled for August 2003. It is now expected
to be completed in March 2004. Approximately $40,000 of this proposal accounts for the
services from August to December 2003. Additionally, $30,000 is scheduled to cover the
period from January 2004 to March 2004 for which Stern will provide Construction
Administration services also.
Despite Stern's concerns regarding out-of-scope services and the lapse in time for their
Agreement, they have continued to provide services. As is not unusual for many design
firms, Stern chose not to raise the issue of fees until February 2003. CIP Staff, assisted
by members of the URS Corporation (URS), the City's Program Manager for Parks and
Facilities, began a review of Stern's request.
On July 23, 2003 a meeting was held at the Capital Improvement Projects (CIP) Office to
discuss an amendment to the Stern contract. The purpose of the discussion was to
determine the appropriateness and amount of additional services based on the time
extension on the Regional Library project.
At that time, Stern modified their written request received in February and presented
several separate requests for additional services amounting to approximately $75,000 to
$80,000 which, based on Stern's representations, included proper compensation for any of
its sub-consultants. After some discussion, the City formalized an offer through URS on
September 3, 2003 in the amount of $80,000. Stern verbally indicated that it felt that this
amount appeared reasonable, pending discussion with its sub-consultants. Shortly after,
Stern withdrew its verbal acceptance, and on September 17, 2003 submitted a new
additional service request to the City in the amount of $414,095, which would satisfy
services through December 15, 2003. A copy of this amended request is attached as
Attachment 1.
The City found this request to be excessive, and felt it did not properly substantiate the
amount of hours claimed, nor properly identify the nature of the work that was allegedly
being performed and billed. During a negotiation meeting held on December 19, 2003,
Stern elaborated on the services that were provided, which are alluded to above. After
significant discussion and substantiation of services, all parties agreed to an amount of
$190,000 to satisfy Stern's $414,095 request. The parties also agreed to an additional 3
months of Construction Administration at $10,000 per month to take the contract through
March 31, 2004. City staff negotiated a final amount of $220,000 to be paid as
compensation for the time extension. Of this amount, $136,000 will be re-allocated from
other portions of Stern's contract for which work will not be completed, and $84,000 will be
funded by the contingency for the Regional Library project. The total amount of $220,000
includes $190,000 for services from September 24,2001 to December 31,2003, out of
City Commission Memorandum
February 4, 2004
Amendment #5 to Stem's Contract
Page 4 of 4
scope services provided during the history ofthe Project, plus an allocation of $1 0,000 per
month for the three months of January through March of 2004, which will allow Stern to
continue providing services through the completion of the Regional Library project.
T:\AG DA\2004\Feb0404\Regular\Amendment #5 to Stem Contract - Memo.doc
,ent By: URS;
)bert A.M. Stetn Arc:hil<<t.,
305 884 8900
Jan-28-04 11 :35;
I_Y..:--', ,."". _....
460 West .~4th Street, New York, NY 10001 Td 212 '167 ; I 00 Fa, 21 2 967 55R8
February 25, 2003
Sent by: E-nlalll'lnd U.S. Mail
Julln Poleo, Projeel Manager
tJRS Corporation
700 S. Royal Poinciana Blvd.
Suite 1000
Miami, ilL 33166
Page 2
RECEIVED MAR C ~ ;'~3
DeaT Juan:
You have requested that we provide the following services, which constitute Additional
Services, under the terms of our Agreernent, dated 16 September 1998, in connection
with the scope of work for the Miami Deach Library.
VescriDtion of the l>roi eel
TIle scope of work is for the Bid and Cc.m~trudi(ln Administration pha.'lC flIT the Basic
ArcWtectural / IlngineerinJ;: Services of the Miami Beach Librat}'.
Project Hlstor'\'
The Basic Service Agreement between the City of Miami Beach and Robert A.M. ~tern
Architects expired in July 2001(~cc ~ection 1.5.9 of Basic Service AgI'eement). We
started and completed the Biu phase fruUl Fcbmary 2002 to April 2002, and started the
COllStl'Uction Administration phase of the pmjcct 1m April 2002.
Compensation
Weare requesting additional compensation based on the fact that due to substantial
delays in Acquirillg the site for the hhrary, our tahor co~t~ have increased sil,'TIificantly,
at an average rale uf7.5% per annum. The rate is applied to the basic fee for the Bid
phase of the project of$56,25rJ and to the ba.~ic fee for the Constrnction Administration
of the project of $225,000, The original completion date was to be July 2001, and thc
actual completion date is August 2003, ,I dday u1'2,08 yeal~. Our costs for bidding are
therefore $56,250 x (1.075)2.08 = $65,381.00 and [01' COIlstruction administration are
S225,000 x (1.075) :.uo = $279,516.00
Archileclurallt'ee for Bid Phasc
Project
FcCl
Miami Beach Library E.ealalion
$ 9,131.00
TOTAL Al>DITION AI. BID FEE
59,131.00
TOTAL BID PHASE FEE
$65,381.00
^ Limiu:d LiabiUty Parrncl$hip ~.--
20-2-1
;ent By: URS;
,bert A.M. Stern Architects
305 884 8900
Jan-28-04 11 :35;
460 W"~134th Street, New York, NY 10001 'lCl212 967 5100 p"" 212 967 5588
Juan Poleo
Miami Beaell Libnrry - Additional Services
Febnlal'Y 25, 2003
Page 2
Architectural "'ee for CA Phase
Project Fec
Milimi Beach Library Esclilalion $36,524.00
TOTAL ADDITIONAL CA FEE $36,524.00
TOTAL CA PIIASE FEE $261,524.00
Reimbursable expenscs for the CA phase arc cstimated to be 25%ofthe additional fee,
roughly $13,629.00.
These additional services will be invoiced as provided in our Original Agreement.
If you nave any questions regarding tbis proposal, please do not hesitate 10 give Alex
I.amis or me a call. We would be pleased to discuss il Wilh you in more detaiL
With your acceptance as ind.icated below we can get tht'sC SLreccs stancd.
....,
_'":~ "1J;:;'2 ~
alvad~na .. /'
Pruject Manager
---'
cc. Robert S, Duford, Managing ramJeT
A lex r .ami ~., Partner
flIe#98011.03/25
Read and A!."n:cd:
TJR.'5 Curpuratiun
By:
(Sig'liIfure and Tit/e)
Date:
?'l"\'2nn)pI;~-O~\MiamiIkhLi\>r...'k:t. CADidff~ m4.1i wprJ
A Limit<<l Liability l'artn....hip
Page 3/5
;ent By: URS j
,hert A.M. Stem Architects
305 884 8900
Jan-28-04 11 :35;
460 Wcsc34rh Street, New York, NY lOO()l T~l 212 967 5100 !'ax 2129675588
February 25, 20()3
Scnt by: F.-mailllnd U.S. Mail
Juan Pol eo, Pr~ieet Manager
[IRS Corporation
700 S. Royal Pollid.llla Blvu.
SuitelOOO
Miami, Florida 33 166
Dear Juan:
Y Oti have requested that we pmvicle the following services, which constitute Additiolllll
Services, under the terms of our Agreerm."11I, datcd 16 September 1998, in connection
with the scope "fwork for the Miami Bcach Library, FF&R.
Description of tbe Proiect
We have be~n asked to revicw and revis.: the RAM SA Filltlhzed FumitllYc Bl.ldget Gated
Janullry 18'h, 2000 to retlect the revised FF&E Dudget from $5M6,064 to $649,000 aud
the MDPLs rcvisions noted in the October 10, 2002 Meeting Minutes & General
Comments re MID furniture (see attached copics). These client revisions in conjunction
witl1 an esc~lation of fuminue prices will rcquire 1.1S to re-seleet mallY of the previously
chosen fu..l'Ilimre pieces.
Pro/eel History
III January 18'h 2000, RAMSA submitted an I'F&1l package 10 MDPL for their approval
and. subsequently.the project.was put on bold. We startt:d to revise the FF &E package
in January 2003, after a delay of 3 years.
Comnensation '
Weare requesti Ilg additional compensatioll based on the fact that during the suhstantia 1
~leriod of time the projeel WllS on hold as directcd by tIle City, our labor coses Iul ve
in"''Iellsed at an average rate of 7.5% per annum. This esc...bltioll of Olll' lOosls rn.s be~I1
applied 10 the originallb: tor tht: Intcrior Design of $60,000.00, The delay Oil the
project WlIS 3.08 years, so tht: adjusted fee is $60,000 x (I .075)' OR - $74,970.00, or an
im:rcase of $14,970 from the original fee,
Architectural J'-ee
Project
Fee
Miami Beach Library Escalation
$14,970.00
TOTAL ADm'fIONAL JH"&E "'EE $14,970.00
TOTAL "'l<"&E It"EE
$74,970.00
Reimbursable expenses for the project are estimated to be 2S%ofthe fee. Tncteases to
reimbursable expenses for the project arc expected to be $3,750.00.
. ) .
Ref:mbunlable expcnscs.will inc.1ude .the: following categories:
.' ,"
I.. ~
A Limib:d UobiHty Parmership
Page 4/5
;ent By: URS j
,hert A.M, Stern ArehirecL'
305 884 6900
Jan-28-04 11 :35;
460 West 34ch Str~~r, NcwYclrk, NY 10001 Tel 212 967 5100 Fa. 212 967 5588
Juan Po]co
Miami Beach Library - Additional Services - FF&E
Febmary 25, 2003
Page 2
Travel and Accommoua tiuns within the continenlal United States, Plotting, Printing and
PhOlocopying, Photographic Services, III-HoLL~e Models and Renderings, Tek-phone,
Fax, CouncT, and all other out-of-pocket pr(lject related costs and disbursenlents.
These additiolUlJ services will be invoiced as provided in our Original Agrctmll,"Ilt.
If you havc any questions regarding tlus proposal, plcase do not hesitatt: 10 givc Alex
Lamis or I11C a call. We would be plt:"~t:d III discuss it with you in more detail.
With your acceptance as indicatt:d .below we can get thest' services started.
:A/(~d--
salvadO~{ (-~ 7
Project Manager
CC, Roben S, Duford, Managing Partner
Alex Lantis, Partner
fitc#9XO II .03/25
Read and Agreed:
lIRS Corporation
By:
(Signature and Title)
Date:
N. \2OOJ11"';1\f)2.o:5\Mi~llilkhJ.ih~"k\I_FT"'_Ol.~'WINI
A Limited Liability l'artn~hip
Page 5/5
Herbert Cannon
.
From:
Sent:
To:
Subject:
Alex Lamis
Wednesday, September 03, 2003 1 :01 PM
Rob Buford; Herbert Cannon; Jaime Borrelli (E-mail)
FW: MIAMI BEACH REGIONAL LIBRARY - Additional Services Proposals
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FYI
-----Original Message-----
From: Juan Poleo@URSCorp.com [mailto:Juan Poleo@URSCorp.com]
Sent: Wednesday, September 03, 2003 l2:5l-PM
To: Alex Lamis
Cc: JorgeChartrand@miamibeachfl.gov; Todd Osborn@urscorp.com;
MauroBurgio@miamibeachfl.gov -
Subject: MIAMI BEACH REGIONAL LIBRARY - Additional Services Proposals
Alex:
Pursuant to our phone conversation today, the City of Miami Beach believes
that the proposed $80,000 adjustment to Robert A.M. Stern's contract for
labor rates increases, time extensions and any other additional services in
question, is reasonable and combined with the remaining funds for
Streets cape - Phase 2, should be sufficient to cover CA services thru the
completion of the Library project and Streetscape work. At this time no
other amounts will be considered.
Please advise how would you like to proceed.
Thanks
Juan A. Poleo
URS Corporation
(305) 884-8900 Ext.262
1
A rrA(HMttJTflO, /
l"
1(4:.-)
:5.6 The rates and multiples for services of the Architect and the Architect's consultants as set
orth in this Agreement shall be adjusted in accordance with their normal salary review pr~ctices
b u::t V\.~ IIV\Clre. 12 r~lA-etll\,:t\ ~ ~ OV\.~ ~ yeoH ~ :>
1.5.7 An initial payment of None Dollars
($ 0.00 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final paYment.
Subsequent payments for services shall be made monthly, and where applicable, shall be in
proportion to services performed on the basis set forth in this Agreement. . ~.
1.5.8 Payments are due and payable thirty (30 ) days from the date
ofthe Architect's invoice. Amounts unpaid sixty ( 60 ) days:.afterthe
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit
laws and other regulations at the Owner's alid Architects principal places of business, the location of the Project
and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to
deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
1.5.9 If the services covered by this Agreement have not been completed within
thirt.y-six ( 36 ) months of the date hereof, through no fault of the
Architect, extension of the Architect's services beyond that time shall be compensated as
provided in Paragraph 1.5.2.
This Agreement entered into as of the day arid year first written above.
IJIIj
OWN E R (Signature)
Neisen Kasdin, Mayor
ATTEST: ~
~~ (];,11JJA-
R bert Parcher, City Clerk
Robert S. Buford
Managing Par~n~r
(Printed name and title)
CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AlA logo
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~Wt
ArrAcrlMfNT No.! I
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C>1997 AIA~
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
173S New York Avenue, N.w.
Washington, D.C; 20006-5292
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ARTICLE 1.5 COMPENSATION ojl ~ S){:"'iI -t
1.5.1 For the Architect's services as described under Article 1.4, compensation shall be J. 7.s J;: j.r ~ ~ ~
computed as follows: h~ to r't~"". 1 3 ~ po 0 ~ ~
Program Verification/Site Development Master Plan l $$ 65,000.00 ~ ~
Basic'Architectural/Engineering ServicesJ~ 1.125,000.00 1
Site/Landscape Design ~ 55,000.00
Interior Design $ 60.000.00
Public Reviews $ 60,000.00
Reimbursable Expenses _ Not-to-exceed $ 18S,QQQ.e8 'Z-o';,e>=.-'O
ff-
J
1.4,2 Special Terms and Conditions. Special terms and conditions that modify this Agreement
are as follows:
As described in bhe Addendum to this Agreement which is attached hereto
and incorporated herein.
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1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3-3.1, the
Architect's compensation shall be adjusted. Such adjustment shall be calculated as described
below or, if no method of adjustment is indicated in this Paragraph 1.502, in an equitable
manner.
{Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which partic-
ular methods of compensation apply.}
.~
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At the hourly rates described in the Addendum or as may be otherwise
determined.
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed
as a multiple of one and IS,' 1 aa 0'31 00 ( 1..~ ()p) times the amounts billed to the
Architect for such services, ex On ~\.. ~'<'" ~<;, t:L!:> IM.~ be... ~l,\
~ I-e.~ b~ -the ~teh ',1'\ tlGGOh::.ta.V\e-e. w~rtX, ~+;O"" l:?:-:,.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items
included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a
multiple of one and 00/100 ( 1. 00 ) times the expenses incurred by
the Architect, and the Architect's employees and consultants.
.
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"-\cot A1"'F \ ULb\e...
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1.5.5
Other Reimbursable Expenses, if any, are as follows:
01997 AIAt)
AlA DOCUMENT 8141-1991
STANDARD FORM
AGREEMENT
IV,Aa+MtNT ;{()~/
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
\..I1a....t...~. II..U............1 _&......____......_ ..1_1_....... tl r __I..... I....... ."',{ utili cllhltllt"t th. vlnl..",r tn IIII"al nm..cutlon.
I
.
460 West 34th Street, New York; NY 10001 Tel 2129675100 Fax 212 967 5588
t
!
.
.
.
City of Miami Beach
Mr. Jorge Chartrand
Capital Improvement Projects Office
1700 Convention Center Drive
Miami Beach FL 33139
August31,2003
Invoice No: 00083103
Project No: 098011 03
Re: Miami Beach Library - Architect/Engineer Services
~ Robert A.M. Stern Architects
~
~
. Professional serVices from Seotember 1, 2001 to Auaust 31. 2003
Professional Personnel
Hours Rate Amount
Stern, Robert A.M. .75 350.00 262.50
~ Lamis, Alex 83.00 250.00 20,750.00
Anderson, Sharmell 317.50 75.00 23,812.50
~ Cornell, Virginia .50 125.00 62.50
Greeson, Kelly 1.00 125.00 125.00
I Holzheimer, Nadine 15.00 75.00 1,125.00
Lee, Hyung-Kee 24.50 75.00 1,837.50
Nemitz, Khara 18.50 75.00 1,387.50
Pena-Figueroa, Salvador 317.00 125.00 39,625.00
Soriano, Mike 27.00 125.00 3,375,00
Weber, Michael 3.00 90.00 270.00
Totals 807.25 92,630.00
Total Labor 92,632.50
Total this Invoice
$92,632.50
ATTACfI/VItNr No.j
A Limited Liability Partnership
.
. Robert A.M. Stern ArchitecTS
.
.
.
.
.
.
.
';~
460 West 34th Street, New York, NY 10001 Tel 212 967 5100 Fax 2129675588
September 10, 2003
Jorge E. Chartrand
Assistant Director For Capital Improvement Projects
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Jorge:
We have been discussing for some time the dollar amount of compensation to be
paid to the design team for the schedule extension for the Miami Beach Regional
Library project.
According to paragraph 15.9 of our contract with CMB:
If the services covered by this agreement have not been completed
within thirty-six (36) months of the date hereof, through no fault of
_the ~chitect, extension of the Architect's services beyond that
time shall be compensated as provided in Paragraph 1.5.2.
Paragraph 1.5.2 explicitly states:
...at the hourly rates described in the Addendum or as may be
otherwise determined.
A copy of the relevant control provisions of the contract are attached in Section
Two.
It seems clear from our reading of the contract that RAMSA and our consultants
are entitled to be compensated on an hourly basis once the thirty-six month period
outlined in the contract has expired. To that end, we have enclosed our invoice
for $92,632.50 (See Section Two) covering our hourly services from September 1,
2001 through August 31, 2003.
As support for this invoice we have enclosed an employee billing summary in
Section Four that summarizes the hours and related billing by employee for the
period September 1, 2001 through August 3, 2003. We have also provided in
Section Five a billing detail by employee for the same period of time.
Please note that the invoice for $92,632.50 does not include the hourly services
provided by Borrelli & Associates for this same period. We have asked them to
prepare a similar analysis and invoice. We will forward that invoice under separate
cover.
Since our billing alone totals $92,632.50, it is difficult for us to accept the $80,000.00
offer in total settlement, which is included as an E-Mail from the City of Miami
Beach in Section Eight. We are asking that you review this analysis and
reconsider your position. We look forward to receiving your payment or a written
explanation as to why the City of Miami Beach does not agree with this
interpretation of our agreement.
ArrA{/-JMtNT N~ /
A Limited Liability Partn.nhip
.
.
.
.
.
.
. Robert A.M. Stern Architects
.
.
.
.
460 West 34th Street, New York, NY 10001 Td 212 967 5100 Fax 212 967 5588
September 10, 2003
Jorge E. Chartrand
City of Miami Beach
Capital Improvement Projects Office
We look forward to resolving this important matter as soon as possible.
Alexander P. L
Partner
cc:
Juan Poleo
Mauro Burgio
Jaime Borrelli
Robert S. Buford
Herbert Cannon
Sal Pena
URS
City of Miami Beach
Borrelli and Associates
,
AfTA{fl-MtNt Nt!, /
A Limited Liability Partnership
Robert A.M. Stern Architects
460 West 34th Street, New York, NY 10001 Tel 212 967 5100 Fax 212 967 5588
September 17,2003
Jorge E. Chartrand
Assistant Director for Capital Improvement Projects
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Drive
Miami Beach, FL 33139
,
'.
Dear Jorge,
Attached please find a listing of hours spent by Borrelli Associates on the Miami Beach
Library project from September 1,2001 to August 31, 2003. The total cost at Borrelli's
hourly rates is $321,465.00. This serves as a supplement to the enclosed letter dated
September 10,2003. We look fOlWard to speaking with you to resolve this important
outstanding issue.
~
Alexander Lamis, AlA
Partner
A/fACI-/NtH! NO. I
A Umited Liability Partnership
Sent By: BORRELLI&ASSOCIATES;
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3056659972;
BORRELLI & ASSOCIATES
Architecture' Planning
Landscape Design
Interior Design
Sep,17-03 3:4tPM;
MIAMI BEACH RKGlONAL LIBRARY
INVOTCF, FOR SERVICES ON CONTRACT EXTENSION
Selltembu 1.1001 to AUllllllt ;\1, 2410.\
Prnfalllonll.ll'enuDael
JallIIO 11, nnrrelll
Jim Borrelli
Jorge ~orrclli
Jeremy lllncklcr
Slulll1 Grunt
Jcnnir~'1" BelllQwer
Rnbcrt Strobcck
I .ance Decker
II~ Rnja.<:
Lucina Selva
"fotl)js
Total Labor
lIolll'll
161
1972
~ 1.25
249,00
4,~O
1.00
J(,.50
S.SO
21
45,75
2.~01.S
Rate
$2S11.00
$125.00
$250.00
$75.00
$IZ,.OIl
$75,00
590,00
$75.00
$75.00
$9(l.00
Page 2
~'J(,II S. w. llnd Av."... ~.il. 4US
Miami, rlurid. 33155
nOS) 665' R852
Amu..t
$40,250,00
$246,500.410
$7,1112.50
$18,675.00
$562.~O
$75.00
$1,4K5.0(l
!:412.S11
$I,S7S.tHI
$4,1 J7 .511
Orlando, I"urid.
(407) 678' OBBB
$..121,465.410
Sent By: apRRELLI&ASSOCIATESj
3058859972;
00"
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BORRELLI & ^SSOCIATES
Archilcclurc' PIKnnin{!
I.KndsCKJ1c I)c~ign
Inlcrior Dcsign
^ ^ (. ~1 (J II " J I
Project Detail Report
Sep-17-03 3:41PM;
Page 3
4960S.W. 72udAvtJlI':. Sulle408
Miami. ~1(lridl1 nl.~.~
POS) 665' 8852
Orlandu, "Iurid.
(407) 67R' 0888
Miami Beach Regional Library
T~nsactlonll for 0912001 . 0812003
Labor
.Iennlf"'... Hel nOWL.'"
Jaime B, llocreUi
Jim Bom:1li
.Iorg~ Aorrclli
I .ance Decker
SIUilt! Grant
11:;c Rojwt
I.uclna ~eJva
Jeremy SincklcJ'
Robert StrobL."Ck
'I'(ITl1l~
Tul811.8hllr
Houn RMk Amuunl
LUll $7!I.OO $75.00
161 S2S0.o0 $40,2SlI.1I0
1972 $125.00 S246,500.00
:11.25 $250.00 $7,812.50
,:l.SO $75.00 $412,50
4.50 $125.00 $562.50
21 $75,00 $1,575.(1(1
45.75 $90,00 $4,1\7.50
249.00 $75.00 S I 8,675.00
16.50 $90,O(l $1,485.00
2507.5
$321,465.00
Sent .By: BORRELLI&ASSOCIATES;
3058859972;
Sep-17-03 3:41PM;
Page 4
BB BORRELLI & ASSOCIATES
i 1+ Architecl.ure. P J llll III rl g .1~(o(I S. W. 72n~ Avenue, SUlle 4()~
, , l.andscllpC Design 11011..,1, ~~.rid.:U I"
I
. . In tcrillr Dcsi!!:T1 (3()~) MS' HHS2
^^i'. Ill/II.. 1 I
Project Detail Report Miami Beac:l1 Regional Library ()rhuuJu~ JlIOliuu
Transadions for 0912001 - 0812003 (407) (,7X' OKHH
Name. Payroll Period Houl'll HrIy AmOunt Total
Jaime Borrelli 9/16 - 9/301200 1 8 $250.00 $2,000.00
Jaime Borrelli 10/16.10/3112001 11 $250.00 $2,750.00
Jaime Borrelli 12/1 - 12/15/2001 13 $250.00 $3,250.00
Jeime Borrelli 1/16 - 1/3112002 8 $250,00 $2,000.00
Jllme Borrelli 3116 - 3/3112002 13 $250,00 $3,250.00
Jaime Borrelli 6/1 . 6/16/2002 16 $250,00 ~OOO.OO
Jaime Borrelli 7/16 . 6/3112002/ 38 $250.00 $9.500.00
Jaime Borrelli 2/16 . 2/2812003 15 $250,00 $3,750.00
Jaime Borrelli 3/16.3/3112003 10 $250,00 $2,500.00
Jaime Borrelli 5/1 . 5/15/2003 14 $250,00 $3,500.00
Jaime Borrelli 611 . 8/1512003 15 $250.00 $3,750.00
Grand Total Jaime Borreln 181 $40,250.00
Jim Borrelli 9/1 - 9/1512001 40 $125.00 $5.000.00
Jim Borrelli 9/16 - 9/30/2001 69 $125.00 $8,625.00
Jim Borrelli 10/1 -10/1512001 52 $125,00 $6,500,00
Jim Borrelli 10/16 - 10/3112001 36 $125.00 $4,500.00
Jim Borrelli 11/1 - 11/1512001 17 $125.00 $2,125.00
Jim Borrelli 11/16 - 11/3112001 45 $125.00 $5,625.00
Jim Borrelli 12/1 - 12/1512001 46 $125.00 $5,750.00
Jim Borrelli 12/16 - 12/3112001 31 $125.00 $3,875.00
Jim Borrelli 1/1 - 1/1512002 18 $125.00 $2,250.00
Jim Borrelli 1/16 - 1/3112002 41 $125.00 $5,125.00
Jim Borrelli 2/1 - 2/15/2002 11 $125.00 $1,375.00
Jim Borrelli 2/18 . 212812002 6 $125.00 $760.00
Jim Borrelli 3/1 . 311512002 8 $125.00 $1,000.00
Jim Borrelli 3/16 - 3/3112002 10 $125.00 $1,250.00
JIm Borrelli 4/15 . 4/30/2002 8 $125.00 $1,000.00
Jim Borrelli 5/1 . 5/1512002 33 $125.00 $4,125.00
Jim Borrelli 5/16 - 5/31/2002 32 $125,00 $4,000,00
Jim Borrelli 6/1 - 6/1512002 53 $125.00 $6,625,00
Jim Borrelli 6/18.613012002 64 $125,00 $8.000.00
Jim Borrelli 711 - 7/1512002 68 $125.00 $8,500.00
Jim Borrelli 7/16. 613112002 94 $125.00 $11,760.00
Jim Borrelli 8/1 . 8/1512002 9 $126.00 $1,125,00
Jim BOrrelli 8116.8/3112002 57 $125.00 $7,125.00
Jim Borrelli 9/1 - 9/15/2002 78 $125.00 $9,750.00
Jim Borrelli 9/16 - 9/30/2002 77 $126.00 $9,625,00
Jim Borrelli 1 0/1 - 1 0/1512002 63 $126.00 $7,875.00
Jim Borrelli 10/16.10131/2002 70 $125.00 $8,750,00
Jim Borrelli 11/1 - 11/15/2002 76 $125,00 $9,500.00
Jim Borrelli 11/16 . 11/3012002 69 $125.00 $8,625,00
Jim Borrelli 12/1.12/16/2002 55 $125.00 $6,875.00
Jim Borrelli 12/16 - 12/3112002 42 $125.00 $5,260.00
Jim Borrelli 1/1 - 1/1512003 3S $126.00 $4,375,00
Jim Borrelli 1/16 - 1/3112003 19 $125.00 $2,375.00
Jim Bo/Telli 2/1 - 2/1512003 18 $125.00 $2.250.00
Jim Elorrelll 2/16 - 212B12003 42 $125.00 $5,250.00
Sent ~y: BORRELLI&ASSOCIATFS;
3056659972;
Sep-17-03 3:42PM;
Page 5/6
Jim Borrelli 3/1 . 3/1512003 30 $125.00 $3,750.00
Jim Borrelli 3/16.3/3112003 46 $125.00 $5,750.00
Jim Borrelli 4/1 - 4/1612003 37 $125.00 54,625.00
Jim Borrelli 4/16 - 4/31/2003 44 $125.00 $5,500.00
Jim Borrelli 611 - 6/1512003 49 $125.00 $6,125.00
Jim Borrelli 5/16 - 5/3112003 36 $125.00 $4,500.00
Jim Borrelli 6/1 - 6/1512003 36 $125.00 $4,500.00
Jim Borrelli 6/16 - 6/3112003 30 $125.00 $3,750.00
Jim Borrelli 7/1 - 7/1512003 45 $125.00 $M25.00
Jim Borrelli 7/16 - 7/3112003 64 $125,00 $6,750.00
Jim Borrelli 8/1 .8/1512003 37 $125,00 $4,626.00
Jim Borrelli 8/16 - 6/31/2003 36 $125.00 $4,500.00
Grand Total Jim Borrelli 1.72 $246,500.00
Jorge Borrelli 11116-11/3112001 1.5 $250.00 $375.00
Jorge Borrelli 6/16 - 6/3012002 2 $250.00 $500.00
Jorge BOrrelli 1/1 - 1/15/2003 3.5 $250.00 $875.00
Jorge Borrelli 1/16 - 1/3112003 7 $250.00 $1,750.00
Jorge Borrelli 4/1 - 4/1512003 9 $250.00 $2.250.00
Jorge Borrelli 5/1 - 5/1512003 0,75 $250.00 $187.50
Jorge Borrelli 5/16 . 5/3112003 4,75 $250.00 $1,1 B7.50
Jorge Borrelli 10/1 -10/1512003 1,5 $250.00 $375,00
Jorge Borrelli 7/18.7/3112003 1.25 $250.00 $312.50
Grand Total Jorge !Sorrelli 31.26 $7.812.50
Jeremy Slnekler 10/16.10/31/2001 47.5 $75.00 $3.562.50
Jeremy Slnckler 11/1 - 11/1512001 3 $75.00 $225.00
Jeremy Sinclder 11/16 . 11/3112001 20 $15,00 $1,500.00
Jeremy Slnckler 12/1 -12/1512001 " $75.00 $600.00
Jeremy Slnckler 811 - 8115/2002 47.5 $75,00 $3.562.50
Jeremy Slnckler 9/16 . 913OJ2002 1 $75.00 $75.00
Jeremy Sinckler 12/1 -12/1512002 1 $75,00 $75.00
Jeremy Sinckler 2/1 - 2/1512003 3,5 $75.00 $262,50
Jeremy Slnckler 2/16 - 2/2812003 1 $15.00 $75,00
Jeremy Slnckler 5/1 . 5/1512003 0.5 $75.00 $37.50
Jeremy Sinckler 5/16 - 5/31/2003 19 $75.00 $1,425.00
Jeremy Sinckler 8/18 - 6/3112003 19 $75.00 $1,425.00
Jeremy Sinckler 71' - 7/15/2003 26 $75.00 $1,950.00
Jeremy Sinckler 7/18 -7/3112008 27 $75.00 $2,025,00
JerElmy Slnckler 8/1 - 8/1512003 24 $75,00 $1,800.00
Jeremy Slnckl.r 8116 - 6/3112003 1 $75.00 $75.00
Gl'lInd Tot.1 J....my Slnckler 249 $18.815.00
Stuart Grant 611 . 6/15/2003 3.5 $125,00 $437,50
Stuart Glllnt 7/16 -7/3112003 1 $125.00 $12500
G...nd Total Stuart Grant 4.. $562060
Sent.By: BORRELLI&ASSOCIATESj
3056659972;
Sep-17-03 3:42PM;
Page 616
Jennifer Belflower 11/1 . 11/15/2001 1 $75.00 $75.00
Gnlnd Towl Jennifer Bemower 1 $75,00
Robert Strobeck 6/1 B - 6/30/2002 5 $90.00 $460.00
Robert Strobeck 7/1 . 7/1612002 3 $90.00 $270.00
Robert Strobeck ~/16. 5/31/2003 S $90,00 $450.00
Robert Strobeck 6/1 . 6/1512003 3.5 $90.00 $315.00
Gnlnd Totti Robert Strobeck 16.5 $1,415.00
Lance Decker 6/1 - 6/1512003 5.5 $75.00 $412.50
Ol'llnd Total Lane. Decker 6.6 412.5
llse Rojas 11/16. 11/3112001 9 $75.00 $675,00
IIse Rojas 5/16 . 5/3112002 7 $75,00 $525,00
llse Rojas 8/1 . 6/15/2002 5 $75.00 $375.00
Grand Tot.IUBe Rojas 21 $1,676.00
Luclna Selva 6/16 - 6/3012002 36.26 $90.00 $3.262.50
Luclna Selva 7/1 - 7/1512002 6 $90,00 $540,00
Lucina Selvl 1011 - 10/1512001 1.25 $90.00 $112.50
Lucina Selva 6/1 - 6/16/2003 2.25 $90.00 $202.50
Grand Total Luclna Seln 45.76 $4,117.50
TOTAL AMOUNT 5321,.aG&.00
460 West 34th Street, New York, NY 10001 Tel 2129675100 Fax 212 967 5588
November 11,2003
Jorge E. Chartrand
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Drive
Miami Beach, Florida 33139
Robert A.M. Stem Architects Dear Jorge,
Attached pleased find a copy of a letter to our office from Daniels Kashton Downs &
Robertson dated November 10. 2003. As you can see our subconsultants, Borrelli and.
Associates, has hired counsel to attempt to collect their additional services requests.
for the Miami Public Library project. We have previously forwarded this request to
you on September 17,2003, along with an additional services claim by our office. We
have repeatedly asked for a response from the City of Miami Beach to these requests.
We must have your response immediately.
,
Sincerely,
Alexander Lamis, AlA
Partner
Cc: Robert Buford
Herb Cannon
Robert Herrmann
Mario Burgio, CMB
Juan Poleo, URS
N:\2003lmcr\ 11-03\Lamis-loreeChanrandNovl Ldoc
A Limited Liability Partnership
~
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Name:
Fax No.:
Reference No.:
From:
No. of Pages:
(Inoluding Cover Sheet)
Date:
Re:
Comments:
!lV, on
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DANIELS
KASHTAN
DOWNS
&; ROBERTSON_
- ~'TTW~".'J'L.h'i\I:..
3300 PONCE DE LBON BOULEVARD
COll.AJ. GABLES. PLOP.IDA mH
'fELBPHOm 30'........791.
FAX 3050448.7911
'rOll FREE 88~4a-798B
FACSIMILE COVER SHEET
Roberts S. Buford
212967-5588
1353
,
Michael F. Kashtan, Esq.
8
Novenlber10, 2003
BorrellllMlaml Beach Regional Ubrary
The Information contained in this fax may be privileged and lor oonfldentfal and Is Intended only
for the use of the recipient or sender. Ifthe message 8S transmitted has reached you in error
and you are not the Intended recipient or an agent or employee responsible for delivery to the
intended recipient, please be notified that any dissemination, distribution or duplication of this
communication Is prohibited. If the communication has been received in error, please notify the
sender ImmedIately by telephone at (305) 448-7988 and return fax to Daniels, Kashtan, Downs,
& Roberston.
,
",,". ......Vl l\nVIII nl1
NV, bj,
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DANIELS
KASHTAN
DOWNS
& ROBERTSON
A.TTORNBYS AT LAW
RICHAa):) O. ~mLS
MICHA.!l.lll:.ASHTAN
IOSIBl'H W. DOWNs. m
N!IL p, lllO!JIIll.TSON
AUll:RT E. BLADl
'lvALLACE C. MAGATHA.N
TlACBV A. WRIG8'1'
JOSE I. ROlllUOUSZ
JOSllPH O. mISS, 1Jl..
LAWlI..NQ! II. MA1tOOus
3100 PON'CB DE LEON BOt1LBVAJU:/
COJI.AL GABLBS, FLOJU1)A "U4
T1!LllPliONB 305.448.7988
JrAX 3050448. 7~78
TOLl. PUE 8f8.448. 7988
w....w.6kdr.;om
N;$J\.CV II. l'INA-BRITO
!.01lNIl B. Ill1UCIlt8V
IUCARDO J. h!O~.GOMBZ
WILLIAM: T. 1lJ.A.Dr. JR.
JOSUH .... SOP.el!
1IlUl4Y Co tlANIIlLS
h!AJ)&Lnt s, LOZANO
WILLIAM: P. CONVBV
JORGE L. CRUZ
CERTIFIED RETURN RECEIPT
REQUESTED NO. 7002 2030 0000 7359 5863
November 10, 2003
VIA FAX 212 967-5588
Robert S. Buford
Managing Partner
Robert A.M. Stern Architects
460 West 34 Street
New York, New York 10001
Re: Borrelli Oalm for AdditIonal Servlces/Mlaml Beach Regional Ubrary
Dear Mr. Buford:
Please be advised that the undersigned has been retained to represent Borrelli &
AsSOciates regarding the above referenced matter.
On or around January 16,. 1999, R.obert A.M. Stem ArchItects and Borrelli &
AssocIates ArchItects, Planners, P.A. entered Into a Standard Form of Agreement between
An::hJtect and Consultant, AlA Document C141-1997. Pursuant to ArtIde 5 of this
Agreement, the Consultant, Borrelli & Associates, (hereinafter "Borrelli") is entitled to an
adjustment in compensation for additional services which were provldecl due to
circumstances beyond the consultant's control. As otthls date, Borrelli calculates thatthey
have provided additional services totaling $321,465. (ExhibIt "A")
Circumstances resulting In Borrelli providing these additional servIces Include, but
are not limited to, the following: The OrIgInal Pennit Drawings were lost by the City of
Miami Beach (hereinafter "CMS'') Building Department during the project's site acquisition
perlod; the Are Deparl:n1ent's frequent changes of code interpretation and addition of code
..."".........., """"I.r..,
IW, un r, J/~
requirements, requiring numerous, unanticipated meetings with the eMS Rre Department
prior to permit sign-off; the loss of the original drainage calculations by the CMS during the
project's site acqulsftlon period, requiring re-submlsslon of drawings and calculations to
DERM; an eleven month delay by the City In providing Signed and sealed project site
surveys; the late resolution of parking requirements In May 2002; eMS's eight month delay
in providing a sewer allocation letter as required by DERM and Building Departments; the
CMS's delay in providing the required asbestos survey for the bUildIngs to be demolished;
Zoning Department delay In signing ofT on Ubrary's permit due to non-resolution of CMB's
payment of Impact fee, and other delays attributable to the eMS Building Department's
bureaucratIc mis-handlings and outdated procedures.
As previously referenced, these delays, which resulted from circumstances beyond
Borrefli's control, entitle Borrelli to compensation for the additional services provided for the
Miami Beach Regional Ubrary Project. These additional fees are consistent with the totals
of which Robert: A.M. Stern Architects had been notified on or around January 6,2003,
prior to Borrelli proViding many of these services. (See attached exhibit "8"),
Therefore, pursuant to the terms of the agreement between Robert A.M. Stern
ArchItects and Borrelli & Associates Architects, Planners, P.A, and all applicable laws,
demand is hereby made for the full payment for the additional services which have been
provided by BorreJ/l & Associates.
Your Immediate attention to the above referenced matter is requested.
Should you have any questions or comments, do not heSItate to contact me.
~
. MICHAa F. ~AN . .
MFK/sm
cc: Jaime Borrelli
Borrelll\Mlscellaneous\Stem.ltr
2
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UANJtL~, ~A~HIAN
NO, 635
p, 6/9
BORRELLI & ASSOCIA1ES
Atchltecture . Planning 4960 S. W. 72114 "",nu" Suite 408
Landscape Design Miami. Florida 33155
Interior DesiKn (305) 645' B8S2
^^c 000711
Project Detail Report Mltml Beach RegIonal Library Orlllldo. Florida
Transaelions for 0912001 - 0812003 (407) 67S . osn
Name Payroll Period Hours Hrly Amount Total
Jaime Borrem 9/16 - 9/3012001 8 $250.00 $2,000,00
Jaime Borrelli 10116 -1013112001 11 $250.00 $2,7~0.00
Jaime Borrelli 12/1 - 12/1512001 13 $250.00 $3,250.00
Jaime Bort.1II 1/16.1/3112002 8 $250.00 $2,000.00
JaIme Borrelli 3/16.313112002 13 $250.00 $3,250.00
JaIme Borrelli 6/1 . 611512002 16 5250.00 $4,000.00
Jaime Borrelli 7/16.613112002 SS 5250.00 $9.600.00
Jaime Borrelli 2/16. 2/2812003 15 $250.00 $3,750.00
Jaime Borrelli 3/16 . 313112003 10 $250.00 $2,500.00
Jaime Borrelli 5/1 . 5/15/2003 14 $250.00 $3,500.00
JaIme Borrelli 6/1 . 8/15/2003 15 $250.00 $3,750,00
Grand Total Jaime Borrelli 161 $40,250.00
Jim Bort'llI 9/1 - 9/1512001 40 $125.00 $5,000.00
Jim Borrelli 9/18 . 9/3012001 69 $125.00 lli8,625.00
Jim Borrelli 10/1 .10/1512001 52 $125.00 $6,500.00
Jim Borrelli 10116. 10131/2001 36 $125.00 $4,500.00
Jim Borrelli 11/1.11/1512001 17 $125.00 $2,125.00
Jim Borrelli 11/16 -11131/2001 45 $125.00 $5,625.00
Jim Borrelli 12/1 . 1211612001 46 $125.00 $5.750.00
Jim Borrelli 12/18. 1213112001 31 $125.00 $3,B75.00
Jim BOrnlni 1/1 -1/1612002 18 $125.00 $2,250.00
Jim Borrelli 1/16.113112002 41 $126.00 ~5,125.00
Jim Borrelli 2/1 - 2/1 512002 11 $125,00 $1,375.00
Jim Borrelll 2/16 - 2/2812002 8 $125.00 $750.00
Jim Borrelli 3/1 - 3/1512002 8 $125.00 $1,000.00
Jim Bortelll 3/16 - 3/3112002 10 $126.00 $1,250.00
Jim Borrelli 4115 . 413012002 9 $125.00 $1,000.00
Jim Borrelli 6/1 - 6/1512002 33 $125.00 54,125.00
Jim Borrelli 5/16.5/3112002 32 $125.00 $4,000.00
Jim Borrelli 6/1 - 6/1512002 53 $125.00 $6,625.00
Jim Borrelli 6/16 - 613012002 84 $125.00 $8,000.00
Jim Borrelli 7/1 . 7/1612002 68 $125.00 $8,500.00
JIm Borrelll 7/16.613112002 94 $125.00 $11,150.00
Jim Borrelll 8/1 . 8/1612002 9 5125.00 $1,125.00
Jim Borrelli 8/16 - 8/3112002 57 $125.00 57,125.00
Jim Borrelli 9/1 . 9/1612002 78 $125.00 $9,760.00
Jim Borrelli 9/1 e - 913012002 77 $125.00 $9,625.00
Jim Borrelli 1 0/1 - 1 0/1 512002 63 $125.00 S7,875.00
JIm BgrreUI 10/18.10/3112002 70 $125.00 $8,750.00
Jim Borrelli 11/1 - 11/1512002 76 $125.00 $9,500.00
Jim Borrelli 11/16-1113012002 69 $125.00 $8,625.00
Jim Borrelli 12/1 .1211512002 55 S12MO $6,875,00
Jim Borrelli 12/16 -12/3112002 42 $125.00 $5,250.00
Jim Borrelli 1/1 - 1/15/2003 35 $125.00 $4,376.00
Jim Borrelli 1/16 -1/3112003 19 $125.00 $2.375,00
Jim Borrelli 211 - 2/1512003 18 $126.00 $2,250.00
Jim Borr.1II 2/16 - 212812003 42 $125.00 $5.250.00
Jim Borrelli 3/1 .' 3/1 Sl2003 30 $125.00 . $3,750.00
Jim Borrelli 3/16 . 3/3112003 46 $125.00 $5.7S0.00
JIm BOlTem 4/1 - .llJ1512003 37 $125.00 $4,825.00
Jim Borrelli 4/16 - 4/3112003 44 5125.00 $5,500.00
Jim Borrelli 5/1 - 5/1512003 49 5125.00 $6,125.00
Jim Borrelli 5/18, 513112003 36 $125.00 $4,500.00
Jim Borrelli 6/1 - 6/1512003 36 5125.00 $4.500.00
Jim Borrelli 6/16 - 6/3112003 30 $125.00 $3,750.00
Jim SOlTelU 7/1 - 7/1512003 45 $125.00 $5,625.00
JIm Borrelli 7/16.7/31/2003 54 $125.00 $8,750.00
Jim Sorrem 8/1 - 8/1512003 37 $126.00 $4,625.00
Jim Borrelli 8/16,6/3112003 36 $125.00 $4,500.00
Grand Total Jim Borrelli 1972 $246,1100.00
Jorge Borrelli 11/18.11/3112001 1.5 $250.00 $375.00
Jorge Borrelli 6/16 - 613012002 2 $250.00 $500.00
Jorge Borrelli 1/1 ,1/1612003 3.5 $250.00 $875.00
Jorge Borrelli 1/16 -1/3112003 7 $250.00 $1,750.00
Jorge Borrelli 4/1 - 4/1512003 9 5250.00 $2,250.00
Jorge BOlTelll 5/1 - 511512003 0.75 $250.00 $187.50
Jorge Borrelli 5/1 G - 5/3112003 4.75 $250.00 $1,187.50
Jorge Borrelli 1 0/1 - 10/15/2003 1.5 $250.00 $375.00
Jorge Borrelli 7/16 -7/3112003 1.25 $260.00 $312,60
Grand Total Jorge Borrelli 31.25 '7,812.60
Jeremy SrnckJar 10/18 -1013112001 47.5 $76.00 $3.562,50
Jerlilmy Sinckler 11/1 -11/1512001 3 $75.00 $225.00
Jeremy Slnekler 11/16 - 11/31/2001 20 $75.00 $1,500.00
Jeremy Slncl<ler 12/1 . 12/1512001 8 $75.00 $600.00
Jeremy Slnckler 8/1 - 811512002 47.5 $76.00 $3,562.50
. Jeremy Srnckler 9/16 - 9/30/2002 1 $75.00 $75,00
Jeremy Sinekler 12/1 ' 12/1512002 1 $75.00 $75.00
Jeremy Sinc!<ler 211 ' 211512003 3.5 $15.00 $262.50
Jeremy Sinckler 2/16 - 2/2812003 1 $75.00 $7'5.00
Jeremy Slnckler 5/1 - 5/1512003 0.5 $75.00 $37.50
Jeremy Slnckler 6/1 e - 5/3112003 19 $7500 $1,425.00
Jeremy Slnckler 6/16 - 6131/2003 19 $76.00 $1,425.00
Jeremy Slnckler 7/1 - 1/1512003 26 $75,00 $1,950.00
Jeremy SfnekJer . me. 713112003 27 $75,00 $2,025.00
Jeremy Sinekler 8/1 . 8/15/2003 24 $7!1.00 $1,800,00
Jeremy Sineklsr 8/16 - 6/3112003 1 575.00 $75.00
Grand Total Jeremy Sinc;kl.t 249 $18,171.00
Stuart Grant 6/1 . 6115/2003 '.5 $125.00 $437.50
Stuart Grant 7/16 -7/3112003 1 $125.00 $125,00
Grand Total Stuart Grant 4.6 $562.50
Jennifer Belflower 11/1. 11/16/2001 $75,00 $75.00
Grand Total JennIfer Belflower 1 $7s.o0
Robert Strobeck 6/16 . 6/3012002 5 $90.00 $450.00
Robert Strobeck 7/1-7/15/2002 3 $90.00 $270.00
Robert Strobec/( 5/16 . 5/3112003 5 $90.00 $450.00
Robert Strebeck 6/1 . 6/1512003 3.5 S90.00 $315.00
Grand Tota' Robert Strabeck 16.5 $1,485.00
Lance Decker 8/1 .6/1512003 5.5 $75.00 $412,50
Grand Total Lance Decker 6.5 412.5
IIse Rojas 11/16-1113112001 9 $75.00 $875.00
IIse Rojas 5/16.6/31/2002 7 $75.00 $526.00
rise Rojas 6/1 . 6/1512002 5 $75.00 $376.00
Grand Totalllse Rojas 21 $1,575.00
Luclna Selva 6/18.6/30/2002 38.26 $90.00 $3,262,50
Luelna Selva 7/1 .7/1512002 6 $90.00 $540.00
Luclna Selva 1 0/1 . 1 0/1512001 1.25 $90.00 $112.50
Luclna Selva 6/1 . 6/1512003 2.25 $90.00 $202.50
G..."d Total Luclna Selva 46,76 $4,117.50
TOTAL AMOUNT $321,485.00
.iaf."e Borrelli
From: Jaime Borrelli UeborrelliOborrelllarohlteets.comJ
Sent: Monday, January 06, .2003 6:59 PM
To: Alex lamis
Co: Jorge A, Borrelli; Jim E. Borrelli
Subject Miami Beach Ubrary . AdditIonal Fees
Alex:
Pursuant to our telephone discussion this aftemoon regardIng our fees for basro architectural servlcis performed on the
above referenced project, since September 23 2001 the dati of our contract expiration Wllh your firm, to December 31. 2002,
we include herein a summary of our man-hour expens8s based on the hourly rates stlpulated In our agreement for this period
of tIme sa follows:
Architectural staff - $136.509.00
prlnolpal Archlteot. S 25.150.00
Total for period = $181,659.00
In additIon, r have projeoted our continued Involvement from January thru September 23. 2003, ( 9 Months) the currently
SCheduled end of thi oonstruction phOlSe and based on estImated man-hours contemplated to that date, we project the
follOWing additional fee amounts:
Architectural staff - $ 127,070.00
Principal Arc;hltect . S 25.000.00
Total for pirlod == $ 152,000.00
As you will notice, the total amount Is somewhat hIgher than the amount I quoted you earlier over the phone, the reason
being that I had failed to lnclude any time for my partlcipatlon ~n the project for the same 9 Months during the construotlon
phase,
In any case, here Is our proposed additional fees and If you have any QuestIons and or comments please let me know.
Jaime E. Borrelli, AlA
EXHIBIT
I lJ:J
01107/2003
460 West 34th Street, New York, NY 10001 Tel 212 967 5100 Fax 212 967 5588
December 22, 2003
Tim Hemstreet
Director, Capital Improvements
City of Miami Beach i ,; .
Capital Improvements Project Office
1700 Convention Centre Drive' . .
Miami Beach, Florida 33139
lobert A.M. Stern Architects Re: Miami Beach Library. RAMSA # 98011
Via Fax: 305-673-7028 and Fed Ex
Dear Tim:
On Friday, December 19, 2003 we met at your offices in Miami Beach to discuss
outstanding design additional services requests with respect to delays in the
completion of the Miami Beach Public Library project. Attending the meeting were
Tim Hemstreet and Jorge Chartrand from the City of Miami Beach, Todd Osborne
from program manager URS, Jaime Borrelli and Jim Borrelli from Borrelli and
Associates, and Alexander Lamis from Robert A.M. Stern Architects.
The design team presented claims in the amount of $428.520.50 of which $92.632.50
is owed to Robert A.M. Stern Architects and $335.888.00 is owed to Borrelli and
Associates based on the design team's understanding of the contract. Robert A.M.
Stern Architects claim is detailed in our letter to Jorge Chartrand of September 10.
2003 and Borrelli and Associates claim is based on analysis provided and distributed
at the meeting.
After discussion and negotiation with the representatives of the City of Miami Beach,
the design team agreed to a settlement of $190.000 as payment for all claims related
to project delays up to and including December 15.2003. This amount will be due
and payable immediately after Commission approval. The design team also agreed to
an additional fee of $30,000 for additional delays anticipated in the project through
March 31, 2004. This amount will be billed monthly in the first quar1er of 2004. The
total amount of the settlement is therefore $220,000.
Tim Hemstreet said he will recommend this additional service be approved by the
Commission at their meeting in early February. If this conforms to the substance of
our understanding, please sign and return to me a copy of this letter. On that basis the
design team will continue to provide services to the project.
Sincerely, }
--.'
//J/ ~. . (1.- /
V//C:>/IL>, .~..
Alexander Uimis
Partner
By.
tll" l> ,flE-C.T..t.JSigllature and Title)
Date: J 2/3 0/0 ::3
I I
cc: All attendees
Jorge Gonzalez. City Manager, City of Miami Beach
Robert S. Buford
Herbert Cannon
Robert Herrmann
N:\2003gncr\12.03\MiamiBeachLibraryDec22.doc
A Limited Uability Partnership
Amendment No.5, dated February 4th, 2004, to Standard Form of
Agreement between Owner and Architect 1997 Edition (AlA B141-1997)
Between Owner, The City of Miami Beach,
and Architect, Robert A. M. Stern Architects;
In accordance with the Agreement, dated as of January 16. 1999.
The Owner has made the following revisions to the description of the Project:
The fees for additional services for the construction administration of the Project shall be
based on the following scope of services.
1.0 Additional design requested by the Project's Oversight Committee and
accepted by the City of Miami Beach.
2.0 Attendance at Oversight Committee regular meetings beyond the original
Agreement lapse on September 24,2001.
3.0 Support the City of Miami Beach during land acquisition discussions.
4.0 Develop qualifications criteria to pre-qualify prospective bidders on the Project.
5.0 Re-design elements of the Project at the request of the City or the Library System.
6.0 Additional work during permitting process.
7.0 Additional assistance to staff during the bid process.
8.0 Additional Construction Administration Services extended beyond completion date
of August 2003.
9.0 Additional Construction Administration Services to complete the Project at its new
expected final completion date of March 2004.
The following adjustment shall be made in the Architect's compensation
. The Architect's compensation for Basic & Construction Administration Services
for the Project shall be increased by a total amount of $84,000. Additional
services, for a value of $136,000, will be funded from remaining services in the
Agreement for work that will not be performed. Total additional services
compensation payable under this Amendment shall be $220,000 for services
rendered and completed through March 31, 2004. This work is detailed as
follows:
Owner-Architect Agreement
Standard Addendum, Contract Amendment No.5 02-02-04.doc
. Completion of the Design and Construction Administration of Collins Park has
been deleted from the Agreement pursuant to Amendment No.3, in the amount of
$100,567.
. Reimbursable Services have been reduced from the Agreement, in the amount of
$35,433.
Robert A.M. Stem Architects, for itself and in behalf of its partners, successors, assigns,
legal representatives, and sub-consultants, warrants and represents that any and all
previous requests for additional services by Robert A.M. Stem Architects and/or its sub-
consultants related to this Project and Agreement are fully satisfied by this additional
services Amendment No.5 through March 31, 2004. Accordingly, in consideration of the
payment for additional services made by owner pursuant to this Amendment No.5,
Architect, for itself, and on behalf of its partners, successors, assigns, legal
representatives, and sub-consultants, does hereby remise, release and forever discharge
the City of Miami Beach and its officers, employees, contractors, consultants and agents,
from and against all claims, demands, actions, and causes of action for damages
whensoever and howsoever arising on account of any and all requests for additional
services pursuant to the Project and Agreement that may have been completed,
contemplated, and/or otherwise may arise during the time covered by this Amendment
No.5. Robert A.M. Stem Architects, further warrants and represents that it will defend
and hold the City of Miami Beach harmless of any such claims that may arise for
additional services during the time covered by this Amendment.
All other provisions of the Agreement shall remain in full force and effect.
This Amendment entered into as of the day and year first written above.
By:
By:
Architect
~ S/II\I"'I
PA....+~I (l.\.Jo l.M.~~
APPROVED M TO
FORM & lANGUAGE
& FOR EXECUTION
(