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HomeMy WebLinkAbout2004-25679 Reso RESOLUTION NO. 2004-25679 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 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND URS CORPORATION - SOUTHERN, DATED JUNE 27, 2001, TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR FACILITIES AND PARKS PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 111-99/00; TO DISCONTINUE SERVICES ON PARTICULAR PROJECTS AND PROVIDE FOR SERVICES ON THE COLONY THEATER PROJECT IN THE AMOUNT OF $54,125.00. WHEREAS, pursuant to RFQ No. 111-99/00, seeking program management services to manage construction projects for facilities and parks, the Consultant was selected as the successful firm by the City Commission on June 28, 2000; and WHEREAS, on June 27, 2001, pursuant to Resolution No. 2001-24499, the City and Consultant entered into an Agreement, for Program Management Services to manage construction projects for facilities and parks (Agreement), including the following 17 projects over a 59 month period: . Altos Del Mar Park . Bayshore Golf Course . Botanical Garden . Collins Park · Convention Center . Fairway Park . Fire Station No.4 . Flamingo Park . Flamingo Pool ; and · Normandy Isle Park and Pool · Normandy Shores Golf Course · North Shore Open Space Park (multiple Phases) · North Shore Park and Youth Center . Public Works Facility · Regional Library · Scott Rakow Youth Center . South Pointe Park WHEREAS, the Agreement has since been amended to include program management services on the Multipurpose Municipal Parking Facility to be constructed in the parking lot adjacent to City Hall; and WHEREAS, under the Agreement, the Consultant assists City staff in the planning, programming, design review, construction administration, and scheduling, budgeting and consultant coordination for the projects included in the Agreement; and WHEREAS, since the commencement of the Program, the Consultant has been providing satisfactory professional services and building a good relationship with the City staff in assisting with the coordination of the projects; and WHEREAS, for various reasons, only the Flamingo Pool project has been completed to date; and WHEREAS, the Agreement with the Consultant was based on an estimate of man-hours for the program as a whole, not per project; and WHEREAS, the Consultant has provided the staffing level called for in the Agreement and has performed well in meeting the contract obligations; and WHEREAS, currently, approximately $1 million remains for the balance of the Agreement, and this funding is not sufficient to have the Consultant provide services on all of the projects originally included in the Agreement; and WHEREAS, the City wishes to amend the Agreement with the Consultant to revise the schedule of projects to be completed under the Agreement as specified herein; and WHEREAS, the Colony Theatre Renovation project began as a $1.75 million concept project in early 1999; and WHEREAS, in October 1999, the City executed a Professional Services Agreement with the State of Florida Department of Management Services (DMS) to provide design, preconstruction, and construction management at risk services; and WHEREAS, through its Agreement with the City, DMS provides a practically full service operation and many of the normal duties of the City are fully delegated by agreement to DMS as the City's Agent; and WHEREAS, for reasons of apparent expediency (according to DMS correspondence to the City), DMS authorized construction activities to commence in November 2002, prior to the execution of the GMP document and over the objections of City staff; and WHEREAS, the construction of the project is significantly behind the originally scheduled construction completion date of June 2003; and WHEREAS, the City's Agreement with DMS provides for inspection services at a frequency of one (1) visit every two (2) weeks, and additionally, the AlE of Record's structural engineer also serves as the threshold inspector pursuant to the Florida Building Code, and conducts regular inspections on structural items; however, neither of these services are frequent enough to meet the City's needs vis-a-vis a contractor that has demonstrated Quality Control problems, as well as a general reluctance to reject non-conforming work of its subcontractors; and WHEREAS, due to several issues, many arising from the submittal of questionable change orders by OMS' Construction Manager, McCartney Construction, the City determined that it was in the City's best interest to provide full time inspection oversight for the construction project; and WHEREAS, OMS indicated reluctance in increasing the frequency of its field observation/inspection services, as its staff is located in Tampa, Jacksonville and Tallahassee, respectively; and WHEREAS, the Colony Theater was not one of the projects included in the Agreement with the Consultant; and WHEREAS, in August 2004, the City amended the Agreement with the Consultant to have the Consultant perform inspection services at the Colony Theater for a short time period to monitor the work of McCartney Construction; and WHEREAS, this has resulted in the determination that full time inspection is warranted for the duration of the project to ensure that construction progresses in a timely manner and that the City does not get charged for re-work of rejected workmanship; and WHEREAS, Consultant has proposed to provide additional Field Observer services on the Colony Theater project through March 31, 2005 at a negotiated price of $54,125.00; and WHEREAS, the Administration has accepted this proposal and recommends its approval; and WHEREAS, the City is desirous of further amending the Agreement with the Consultant in order for the Consultant to continue providing these services. 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 Amendment No. 2 to the Agreement between the City of Miami Beach and URS Corporation - Southern, dated June 27, 2001, to provide Program Management Services for Facilities and Parks pursuant to Request for Qualifications (RFQ) No. 111-99/00; to discontinue services on particular projects and provide for services on the Colony Theater Project in the amount of $54,125.00. PASSED and ADOPTED this 8th day of Saptem er, 2004. ~ PaA~ CITY CLERK Robert Parcher David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~PS City AitJ:Kne'I ~ Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.2 To The Agreement Between The City And URS Corporation - Southern, Dated June 27, 2001 To Provide Program Manaaement Services For Facilities And Parks Pursuant To Request For Qualifications (RFQ) No. 111-99/00. Issue: Shall the City amend its agreement with URS Corporation - Southern, Dated June 27, 2001 To Provide Program Mana ement Services For Facilities And Parks? Item Summary/Recommendation: On June 27,2001, the Mayor and City Commission approved Resolution No. 2001-24499, authorizing the City to enter into a $4.9 million Agreement with URS Corporation-Southern ("URS") for Program Management Services to manage construction projects for Facilities and Parks ("Program"), pursuant to the guidelines established in the Request of Qualifications No. 111-99/00. Under the agreement, URS assists City staff in the planning, programming, design review, construction administration, and scheduling, budgeting and consultant coordination for the projects included in the agreement. Since the commencement of the Program, URS has been providing satisfactory professional services and building a good relationship with the City staff in assisting with the coordination of the projects. The Agreement called for URS to provide these services on 17 projects, over a 59 month program duration, scheduled to end in 2006. For various reasons, only the Flamingo Pool project has been completed to date. The original 59 month timeframe scheduled for the completion of all of these projects was underestimated. The Agreement with URS was based on an estimate of man-hours for the program as a whole, not per project. URS has provided the staffing level called for in their Agreement and has performed well in meeting their contract obligations. The main factor for the current situation is that the projects in their portfolio have run longer than originally expected or were delayed for reasons beyond their control. Currently, approximately $1 million remains for the balance of the URS Agreement. This funding is not sufficient to have URS provide services on all of the projects originally included in the Agreement. Therefore, the Administration has negotiated with URS to amend the Agreement, removing some projects and terminating services on some projects to allow URS to continue working on projects that are in construction. The Administration recommends that the following projects be eliminated from this Agreement to shift the Program Management focus on completing their remaining projects: Bayshore Golf Course Clubhouse, Scott Rakow Youth Center, Regional Library, Convention Center and Theater of Performing Arts. The priority projects that have been identified are Fire Station No.4, Normandy Isle Park and Pool, North Shore Open Space Park Phase III and the North Shore Park and Youth Center. Additionally, the Administration recommends that inspection services for the Colony Theater be added to URS' Agreement to ensure that construction progresses in a timely manner and that the City does not get charged for re-work of rejected workmanship through March 31,2005 at a negotiated price of $54,125, as outlined elsewhere in this aaenda. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Approved I I Finance Dept. Ci Clerk's Office Le islative Trackin : Kristin McKew, Capital Projects Administrator AGENDA ITEM _R 7 B 9- g-(}JI DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ City Manager ~ / c Date: September 8, 2004 '-.. Subject: A RESOLUTION OF THE MA VOR AND CITY CO MISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING D AUTHORIZING THE MA VOR AND CITY CLERK TO EXECUTE AMENDMENT NO.2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND URS CORPORATION - SOUTHERN, DATED JUNE 27, 2001 TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR FACILITIES AND PARKS PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 111-99/00. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: On June 27,2001, the Mayor and City Commission approved Resolution No. 2001-24499, authorizing the City to enter into a $4.9 million Agreement with URS Corporation-Southern ("URS") for Program Management Services to manage construction projects for Facilities and Parks ("Program"), pursuant to the guidelines established in the Request of Qualifications No. 111-99/00. Under the agreement, URS assists City staff in the planning, programming, design review, construction administration, and scheduling, budgeting and consultant coordination for the projects included in the agreement. Since the commencement ofthe Program, URS has been providing satisfactory professional services and building a good relationship with the City staff in assisting with the coordination of the projects. The Agreement called for URS to provide these services on 17 projects, as listed below, over a 59 month program duration, scheduled to end in 2006. . Altos Del Mar Park · Bayshore Golf Course . Botanical Garden · Normandy Isle Park and Pool · Normandy Shores Golf Course · North Shore Open Space Park (multiple Phases) · North Shore Park and Youth Center . Public Works Facility . Regional Library . Scott Rakow Youth Center . South Pointe Park . Collins Park . Convention Center . Fairway Park . Fire Station No.4 . Flamingo Park . Flamingo Pool City Commission Memorandum September 8, 2004 URS Agreement Amendment Page 2 of 5 For various reasons, only the Flamingo Pool project has been completed to date. Following is a list of all the remaining projects, and their current statuses. Altos Del Mar Park - This project has not yet entered the planning phase. Bayshore Golf Course - The Golf Course portion of this project has been completed. The Clubhouse, restrooms and maintenance facility portions of the project are under construction with completion estimated for Fall 2004. Botanical Garden - This project has just entered the planning phase. Collins Park - This project has not yet entered the planning phase. Convention Center and Theater of Performinq Arts - Both the Convention Center and Theater of Performing Arts portions of the project are under construction. The Convention Center project has an estimated construction completion timeframe of Winter 2004/Spring 2005, and the Theater of Performing Arts construction completion is estimated for Fall 2004. Fairway Park - This project has been designed, but is not yet in construction. Fire Station No.4 - This project has just finished the construction demolition phase. Construction of the seawall restoration is beginning, to be followed by the construction of the new Fire Station, with construction completion estimated for January 2006. Flaminqo Park - This project has just entered the planning phase. Normandy Isle Park and Pool - This project is in the construction phase, with construction completion estimated for February/March 2005. Normandy Shores Golf Course - This project is in the design phase. North Shore Open Space Park (multiple phases) - Phases I and II of this project have been completed. Phase III is in the final stages of design and is almost ready to enter the construction phase. North Shore Park and Youth Center - The construction of this project is almost complete, the contractor has to complete the punch list. Public Works Facility - This project has not yet entered the planning phase. Reqional Library - The construction of this project is almost complete, with construction completion estimated for Fall 2004. City Commission Memorandum September 8, 2004 URS Agreement Amendment Page 3 of 5 Scott Rakow Youth Center -_The construction of Phase I of this project is almost complete, with construction completion estimated for Winter 2004/2005. South Pointe Park - This project has not yet entered the planning phase. The original 59 month timeframe scheduled for the completion of all of these projects was underestimated. Many of these projects were designed prior to the City entering into the Agreement with URS and some were already in construction. For those projects already in design prior to the City's Agreement with URS, those projects were designed under then standard AlE Agreements that the City no longer uses. This is significant in the sense that the scope of work for these contracts was often vague. This has caused problems, and delays, in getting quality documents and resolving construction related issues. To the extent that the AlE has not resolved problems, these are issues that City staff and URS must now address. This has taken an inordinate amount of time. The Agreement with URS was based on an estimate of man-hours for the program as a whole, not per project. A smaller project is not able to endure the financial burden of additional expenditures due to additional Program Management effort if the project encountered a number of unforeseen problems. Therefore, the cost model created to fund the URS Agreement included funds from all of the projects. Monthly billings were done across the program, as opposed to for specific projects, based on available funding. URS has provided the staffing level called for in their Agreement and has performed well in meeting their contract obligations. The main factor for the current situation is that the projects in their portfolio have run longer than originally expected or were delayed for reasons beyond their control. Currently, approximately $1 million remains for the balance of the URS Agreement. This funding is not sufficient to have URS provide services on all of the projects originally included in the Agreement. Therefore, the Administration has negotiated with URS to amend the Agreement, removing some projects and terminating services on some projects to allow URS to continue working on projects that are in construction. Below is a description of the proposed changes, per project. Please note that some changes in level of service on particular projects have already taken place to ensure sufficient funds would exist to complete these projects. Altos Del Mar Park - Under the proposed amendment, URS would discontinue services on this project. Bavshore Golf Course - Under the proposed amendment, URS staffed the Clubhouse portion of this project with a Project Manager through August 31, 2004, and a Field Observer through July 30, 2004. After those dates, URS will discontinue services on this project. Botanical Garden - Under the proposed amendment, URS would discontinue services on this project. City Commission Memorandum September 8, 2004 URS Agreement Amendment Page 4 of 5 Collins Park - Under the proposed amendment, URS would discontinue services on this project. Convention Center and Theater of Performinq Arts - Under the proposed amendment, URS staffed the project with a Project Manager and Field Observer through August 31,2004, after which they will discontinue services on these projects. Fairwav Park - Under the proposed amendment, URS would discontinue services on this project. Fire Station No.4 - Under the proposed amendment, URS will staff the project with a Project Manager and a Field Observer through the completion of the project, but no later than through January 2006 if the project is not completed by then. Flaminqo Park - Underthe proposed amendment, URS would discontinue services on this project. Normandv Isle Park and Pool- Under the proposed amendment, URS will staff the project with a Project Manager and a Field Observer through the completion of the project, but no later than through January 2006 if the project is not completed by then. Normandv Shores Golf Course - Under the proposed amendment, URS would discontinue services on this project. North Shore Open Space Park (multiple phases) - Under the proposed amendment, URS would staff the project with a Project Manager and a Field Observer through the completion of Phase III of the project. North Shore Park and Youth Center - Under the proposed amendment, URS would staff the project with a Project Manager and a Field Observer through the completion of the project. Public Works Facilitv - Under the proposed amendment, URS would discontinue services on this project. Reqional Librarv - Under the proposed amendment, URS staffed the project with a Project Manager through August 31 , 2004 and a Field Observer through July 30, 2004, after which they will discontinue services on these projects. Scott Rakow Youth Center - Under the proposed amendment, URS staffed the project with a Project Manager through August 31,2004 and a Field Observer through July 30,2004, after which they will discontinue services on this project. South Pointe Park - Under the proposed amendment, URS would discontinue services on this project. City Commission Memorandum September 8, 2004 URS Agreement Amendment Page 5 of 5 The Administration recommends that the following projects be eliminated from this Agreement to shift the Program Management focus on completing their remaining projects: Bayshore Golf Course Clubhouse, Scott Rakow Youth Center, Regional Library, Convention Center and Theater of Performing Arts. The priority projects that have been identified are Fire Station No.4, Normandy Isle Park and Pool, North Shore Open Space Park Phase III and the North Shore Park and Youth Center. COLONY THEATER As outlined in a Commission Memorandum elsewhere in this agenda, the originally scheduled construction completion date for the Colony Theater project was June 2003. The project is currently only approximately 66% complete. In August 2004, the City amended its agreement with URS to have URS perform inspection services at the Colony Theater for a short time period to monitor the work of McCartney Construction, the contractor on the project. These services have resulted in the determination that full time inspection is warranted for the duration of the project to ensure that construction progresses in a timely manner and that the City does not get charged for re-work of rejected workmanship. The Administration recommends that this project be added to URS' Agreement and that URS provide inspection services through March 31, 2005 at a negotiated price of $54,125, as outlined elsewhere in this agenda. CONCLUSION: The Administration recommends that the Mayor and City Commission authorize the City to execute Amendment No.2 to the existing Agreement between URS Corporation-Southern and the City of Miami Beach to eliminate or revise services for particular projects as outlined above and to authorize services on the Colony Theater project as described above. T:\AGENDA\2004\Sep0804\Regular\URS Amendment 2 Memo.doc