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HomeMy WebLinkAbout2004-25570 Reso RESOLUTION NO. 2004-25570 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AMENDMENT NO.3 TO THE AGREEMENT BETWEEN THE CITY AND GAMBACH ARCHITECTS, INC., AS ASSIGNEE UNDER THE AGREEMENT, DATED SEPTEMBER 13, 1995, BETWEEN THE CITY AND GAMBACH-SKLAR ARCHITECTS, INC.; SAID AMENDMENT, IN THE AMOUNT OF $41,900.00, TO PROVIDE ADDITIONAL CONSTRUCTION ADMINISTRATION, CONSTRUCTION MANAGEMENT, BIDDING AND OTHER RELATED PROFESSIONAL SERVICES NECESSARY TO COMPLETE THE IMPROVEMENTS OF THE MARSEILLE DRIVE STREETSCAPE PROJECT; AND FURTHER APPROPRIATING $39,530.52, FROM THE GENERAL OBLIGATION BOND INTEREST EARNINGS FUND NO. 373, $12,262.37 FROM THE STORMWATER INTEREST EARNINGS FUND NO. 428, AND $8,885.73 FROM THE WATER AND SEWER INTEREST EARNINGS FUND NO.424, FOR A TOTAL APPROPRIATION OF $60,678.62, TO PROVIDE SUFFICIENT FUNDING FOR THE ADDITIONAL SERVICES. WHEREAS, on September 13, 1995, the City entered into a Professional Services Agreement with Gambach-Sklar Architects, Inc. to perform Professional Architectural, Engineering, and Land Surveying Services for Various Capital Projects Where Basic Construction Does Not Exceed $500,000 per Project for a Two (2) Year Period (the Agreement); and WHEREAS, subsequent thereto, a Service Order was issued to develop drawings and specifications, and to provide construction documents to Gambach-Sklar Architects, Inc. for Marseille Drive, between Bay Drive and Rue Notre Dame, Streetscape Project (the Project); and WHEREAS, the Agreement was amended (Amendment No.1) on January 26,2000, in the amount of $39,380; and WHEREAS, the scope of the Project is comprised of improvements to the following streets: Marseille Drive, from Bay Drive to Rue Notre Dame; Rue Versailles, from Marseille Drive to Normandy Drive; and Rue Notre Dame, from Marseille Drive to Normandy Drive, including the completion of the water main replacements and street lighting improvements; and WHEREAS, on September 28, 2001, Gambach-Sklar, notified the City that, as of August 1, 2001, the firm had ceased operations, and the City also learned of the creation of the two (2) independent firms of Gambach Architects, Inc. and Sklar Arkitekts, Inc., lead by the former principals of Gambach-Sklar Architects, Inc,; and WHEREAS, in light of the above, the Administration reviewed the terms of the Agreement with Gambach-Sklar Architects, Inc. and, on October 30, 2001, the Administration informed the former principals of Gambach-Sklar Architects, Inc. of the City's intent to recommend assignment of the Agreementto Gambach Architects, Inc.; and WHEREAS, on January 9, 2002 the Mayor and City Commission concurred with the Administration, and adopted Resolution No. 2002-24701, approving and authorizing the assignment of the Agreement from Gambach-Sklar Architects, Inc. (the Assignor) to Gambach Architects, Inc. (the Assignee), to provide architectural and engineering services for the Project during the public bidding process, construction management, and construction administration; and WHEREAS, the Mayor and City Commission, as part of the same Resolution No.2002-24701, also authorized and approved Amendment No.2 to the Agreement, in the amount of $10,990, for the provision of construction administration and management, bidding and other related professional services necessary to complete the water line replacement and street lighting improvements portion of the Project; and WHEREAS, the Construction Phase ofthe Project, to Final Completion, has been extended to May 31, 2004, due to changes in the Scope of Work, in part produced by conflicts in the field and Owner requests; excluding the additional scope reflected in Amendment Nos. 1 and 2, the original Scope of Work had materially changed; and WHEREAS, because of increases in the Scope of Work and extended time in this Project, the Administration recommends the execution of Amendment No. 3 to the Agreement, in the amount of $41,900.00, and the appropriation of $60,678.62 from the available funding sources referenced in this Resolution; and WHEREAS, the appropriation of the additional $18,778,62 over the recommended $41,900.00 in the current additional services responds to a required adjustment to an incomplete appropriation made in Resolution 2000-23768; and WHEREAS, Amendment No,1 to the Agreement was intended to be in the amount of $39,380, but the Amendment was only funded in the amount $18,400, which created a shortfall to the appropriation; and WHEREAS, in addition, a reallocation, in the amount of $3,484, was approved with Amendment No,1, but was never encumbered; and WHEREAS, the City Manager subsequently approved an increase to the Standing Order, in the amount of $2,202, to partially account for the reallocation amount; and WHEREAS, the amount of $18,778.62 is the result of the difference in the appropriation presented with this Resolution. 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 hereby approve and authorize the Mayor and the City Clerk to execute Amendment No.3 to the Agreement between the City and Gambach Architects, Inc., as Assignee under the Agreement, dated September 13, 1995, between the City and Gambach-Sklar Architects, Inc.; said Amendment in the amount of $41 ,900,00. to provide additional construction administration, construction management, bidding and other related professional services necessary to complete the improvements of the Marseille Drive Streetscape Project; and further appropriate $39,530.52 from the General Obligation Interest Earnings Fund No. 373, $12,262.37 from the Storm Water Interest Earnings Fund No. 428, and $8,885,73 from the Water and Sewer Interest Earnings Fund No.424, for a total appropriation of $60,678.62, to provide sufficient funding for the additional services. PASSED and ADOPTED this 26thday of May, 2004. ATTEST: ~(P~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOREXECUnON ~- 2f-cYf Oat. CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution authorizing the Commission to approve and authorize the Mayor and the City Clerk to execute Amendment No. 3 to the Professional Services Agreement between the City of Miami Beach and Gambach Architects, Inc., as Assignee under the Agreement dated September 13, 1995, in the amount of $41,900.00, to provide additional construction administration, construction management, bidding and other related professional services necessary to complete the improvements of the Marseille Drive Streetscape Project; and further to appropriate $39,530.52from the General Obligation Interest Eamings Fund No. 373, $12,262.37 from the Storm Water Interest Earnings Fund No. 428, and $8,885.73 from the Water and Sewer Interest Earnings Fund NO.424, for a total appropriation of $60,678.62, to provide sufficient funding for the additional services. Issue: The Amendment will allow for the City to receive Architectural/Engineering Services to complete the Marseille Drive Streetscape Improvement Project, scheduled for completion on May 31,2004. The Amendment comprises basic and additional services and extension of the construction administration term. Because of increases in the Scope of Work and extended time in this Project, the Administration recommends the execution of Amendment NO.3 to the Agreement in the amount of $41 ,900.00 and the appropriation of $60,678.62 from the available from the funding sources referenced in this Resolution. The appropriation of an additional $18,778.62 over the recommended $41,900.00 in the current additional services responds to a required adjustment to an incomplete appropriation made in Resolution 2000- 23768. Amendment NO.1 to the Agreement was intended to be in the amount of $39,380. The Amendment was only funded in the amount $18,400, which created a shortfall to the appropriation. In addition, a reallocation, in the amount of $3,484, was approved with Amendment No.1, but was never encumbered. Subsequently an increase to the Standing Order, in the amount of $2,202, was approved, to partially account for the reallocation amount. The amount of $18,778.62 is the result of the difference in the appropriation presented with this Resolution. Item Summa /Recommendation: Due to increases in the Scope of Work and extended time in this Project, the Administration recommends the execution of Amendment NO.3 in the amount of $41 ,900.00 and the appropriation of $60,678.62. Advisory Board Recommendation: INA Financial Information: Source of Amount Account Approved Funds: 1 $39,530.52 G.O. Bond Fund No. 373 D 2 $12,262.37 Storm Water Fund No. 428 3 $8,885.73 Water and Sewer Fund No. 424 4 Finance Dept. Total $60,678.62 Ci Clerk's Office Le islative Trackin M. Alexandra Rolandelli Assistant City Manager City Manager AGENDA ITEM DATE e7C- S-J. Cr<Jf( CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Date: May 26, 2004. Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ .~. City Manager ~ 0 A RESOLUTION OF HE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AMENDMENT NO.3 TO THE AGREEMENT BETWEEN THE CITY AND GAMBACH ARCHITECTS, INC., AS ASSIGNEE UNDER THE AGREEMENT, DATED SEPTEMBER 13, 1995, BETWEEN THE CITY AND GAMBACH-SKLAR ARCHITECTS, INC.; SAID AMENDMENT, IN THE AMOUNT OF $41,900.00, TO PROVIDE ADDITIONAL CONSTRUCTION ADMINISTRATION, CONSTRUCTION MANAGEMENT, BIDDING AND OTHER RELATED PROFESSIONAL SERVICES NECESSARY TO COMPLETE THE IMPROVEMENTS OF THE MARSEILLE DRIVE STREETSCAPE PROJECT; AND FURTHER APPROPRIATING $39,530.52, FROM THE GENERAL OBLIGATION BOND INTEREST EARNINGS FUND NO. 373, $12,262.37 FROM THE STORMWATER INTEREST EARNINGS FUND NO. 428, AND $8,885.73 FROM THE WATER AND SEWER INTEREST EARNINGS FUND NO. 424, FOR A TOTAL APPROPRIATION OF $60,678.62, TO PROVIDE SUFFICIENT FUNDING FOR THE ADDITIONAL SERVICES. ADMINISTRATION RECOMMENDATION: Adopt the Resolution, Fundina Funds in the amount of $60,678.62 are available from the following sources: Above-ground costs Storm Water costs Water & Sewer costs G.O. Bond Interest Earnings Fund 373 Stormwater Interest Earnings Fund 428 Water & Sewer Interest Earnings Fund 424 Total $39,530.52 12,262.37 8,885.73 $60,678.62 Funds will become available from CDBG in the future and will be used to reimburse the funds described above. Commission Memorandum Amendment 4 to Gambach Architects, Inc. Agreement May 26, 2004 Page 2 of 4 ANALYSIS: On September 13, 1995, the City entered into a Professional Services Agreement with Gambach-Sklar Architects, Inc" to perform Professional Architectural, Engineering, and Land Surveying Services for Various Capital Projects Where Basic Construction Does Not Exceed $500,000 per Project for a Two (2) Year Period (the Agreement). Subsequent thereto, a Service Order, in the amount of $50,000, was issued to Gambach-Sklar Architects, Inc. to develop drawings and specifications, and to provide construction documents for the Marseille Drive, between Bay Drive and Rue Notre Dame, Streetscape Project (the Project). The scope of the Project was comprised of improvements to the following streets: Marseille Drive, from Bay Drive to Rue Notre Dame; Rue Versailles, from Marseille Drive to Normandy Drive; and Rue Notre Dame, from Marseille Drive to Normandy Drive, including the completion of the water main replacements and street lighting improvements. On January 26,2000, the Agreement was amended (Amendment No.1), in the amount of $39,380, to provide additional services to revise the design of the Project to include landscaping at the North end of Rue Notre Dame, additional street trees and other design enhancements, On September 28, 2001, Gambach-Sklar Architects, Inc., notified the City that, as of August 1, 2001, the firm had ceased operations. The City also learned of the creation of the two (2) independent firms of Gambach Architects, Inc. and Sklar Arkitekts, Inc., led by the former principals of Gambach-Sklar Architects, Inc. In light of the above, the Administration reviewed the terms of the Agreement with Gambach-Sklar Architects, Inc. and, on October 30, 2001, the Administration informed the former principals of Gambach- Sklar Architects, Inc. of the City's intent to recommend the assignment of the Agreement to Gambach Architects, Inc. On January 9, 2002, the Mayor and City Commission adopted Resolution 2002-24701, approving the assignment and amendment of said Agreement (Amendment No.2), in the amount of $10,990, to provide construction administration, construction management, bidding and other related professional services, necessary to complete the water line replacement and street lighting improvements portion of the Project. Gambach Architects, Inc. was to be the Assignee of the Agreement. Construction of the Project was estimated from January 22, 2003, date of issuance of the Notice to Proceed, to July 14, 2003, date scheduled for Final Completion or a six month term. Due to changes in the Scope of Work, in part produced by conflicts in the field and Owner generated requests, the term of the Construction Phase has been extended to May 31,2004, the estimated Final Completion Date. In addition, excluding the additional scope reflected in Amendment Nos. 1 and 2, the original Scope of Work had materially changed. Commission Memorandum Amendment 4 to Gambach Architects, Inc. Agreement May 26, 2004 Page 3 of 4 Because of increases in the Scope of Work and extended time in this Project, the Administration recommends the execution of Amendment No.3 to the Agreement, in the amount of $41,900.00, and the appropriation of $60,678.62 from the available funding sources referenced in this Resolution, The appropriation of the additional $18,778.62 over the recommended $41,900.00 in the current additional services responds to a required adjustment to an incomplete appropriation made in Resolution 2000-23768. Amendment No.1 to the Agreement was intended to be in the amount of $39,380 to a total Agreement of $89,380. The Amendment was only funded in the amount $18,400, which created a shortfall to the appropriation. In addition, a reallocation, in the amount of $3,484, was approved with Amendment No.1, but was never encumbered, Subsequently, an increase to the Standing Order, in the amount of $2,202 was made, to partially account for the reallocation amount. The amount of $18,778.62 is the result of the difference in the appropriation presented with this Resolution. The additional fees are as follows: CATEGORY 1. Increase to the Basic Services 2. Additional Services 3. Extension of Construction Administration Time Total Amount $ 17,682.97 7,131.43 17.085.60 $ 41,900.00 1. After the award of the Project's construction to Williams Paving, the Contractor, the Construction Cost of the Scope of Work reflected in the original Agreement, had been increased by $464,162. The additional scope included items such as: extend the Project's boundaries to include the dead-end section of Rue Notre Dame to the north of Marseille Drive, developing this street-end with no parking and a landscaped green space adjacent to the water; add curbs and provide bulb-out planters at the intersection of Marseille and Bay Drives; add pedestrian crosswalks at Marseille and Versailles, mid-way between Rue Versailles and Rue Notre Dame; add trees and planters at the street intersections; narrow the driving lane and move the parallel parking lane to add a five foot wide grass planter and trees every 25 to 30 feet on Rue Notre Dame and on Rue Versailles, add one layer of pavement to the right-of-way for a total of two layers; and lower the existing drainage and water lines to comply with the minimum coverage requirements to protect their integrity. Pursuant to Article 13 - Basis of Compensation, Paragraph 13,5,2 of the Agreement, the amount of compensation needs to be equally adjusted based on percentage of construction cost, excluding the water main improvements and street lighting Scope already addressed in Amendment No.2. 2, Pursuant to Article 2.9 - Additional Services, Paragraph 2.9.8 of the Agreement, the Assignee prepared documents for Change Orders to the Construction Cost. Only those Change Orders originated by either conflicts in the field or Owner generated requests are considered in this category. In addition, all time extensions to the construction schedule Commission Memorandum Amendment 4 to Gambach Architects, Inc. Agreement May 26, 2004 Page 4 of 4 approved within these Change Orders has been considered an extension of the Assignee's Term. 3. Extension to the Assignee's Agreement Term due to Change Orders not originated by the conditions described above represents 57 calendar days and has been calculated as a pro-rated amount of the Construction Phase compensation, pursuant to Article 7 - Payments to the Consultant, Paragraph 7.1.1 of the Agreement. CONCLUSION: The Administration recommends that the Mayor and City Commission approve the Resolution authorizing the City to execute Amendment NO.3 to the Agreement between the City and Gambach Architects, Inc., as Assignee, under Agreement dated September 13, 1995, between the City and Gambach-Sklar Architects, Inc.; said Agreement, in the amount of $41 ,900.00, to provide construction administration, management, and bidding and other related professional services necessary to complete the improvements of the Marseille Drive Streetscape Project and appropriate $39,530,52 from the General Obligation Interest Earnings Fund No, 373, $12,262.37 from the Storm Water Interest Earnings Fund No. 428, and $8,885.73 from the Water and Sewer Interest Earnings Fund No.424, for a total appropriation of $60,678.62, to provide sufficient funding for the additional services. JMG/RCMfTH/JEC/ar T:\AGENOA\2004\May2604\RegulaMlarselle Drive\Gambach Amend3 Memo.doc