HomeMy WebLinkAboutR-88-0270i
J-88-265
2/23/R8
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RESOLII1`I01 NO. 11!b=_
A RES^LUTION AIITHORIZING CITY MANAGER
TO EXEC1ITF AN AMEFP' JE'4T Tn THE
AGREEMENT WITH FULLER 3 SADAO, P.C., IN
A FORM ACCEPTAnLE TO THE CITY ATTORNEY,
INCREASING THE TOTAL FEES TO BE PAID BY
THE CITY BY AN AMOUNT rJOT TO EXCEED
$25,000; WITH FUNDS FOR THE INCREASE TO
BE PROVIDED FPr)?1 44 EXISTING
APPROPRIATION TO C.I.P. NO. 3313060
INDEX CODE 554204 - P,AYFRONT PARK
REDEVELOPMENT - PEPPER FOUNTAIN FOR
PROJECT EXPENSE COST.
WHEREAS, Isamu Noguchi, the project artist, and Fuller and
Sadao, P.C., the project Architect, have expressed the need for
the development of a prototype of the proposed fountain to
provide them with information required for the preparation of
plans and specifications for the construction of the fountain;
and
WHEREAS, the development of the prototype is considered a
testing procedure and thus can be paid from funds appropriated to
cover Project Expense for the Bayfront Park Redevelopment -
Pepper Fountain project; and
WHEREAS, it is considered essential that the development of
the prototype be under the direction of the Project Artist and
Project Architect; and
WHEREAS, to place the development of the prototype under
the direction of Project Artist and Project Architect, the
Director of Public Works recommends the execution of an amendment
to the Agreement between the City and Fuller b Sadao, P.C.
increasing the total fees to be paid to Fuller b Sadao in an
amount not to exceed $25,000 to be used exclusively for payments
to a qualified fountain designer for development of a prototype
of the fountain; and
CITY COMMISSION
MEETING OF
NAR 24 1988
RES01U110N Na.
-LkIARKS
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WHEREAS, funds for the abovementioned increase in fees to
be paid to Fuller A Sadao are available from the Project expense
appropriation for C.I.P. 331306 Bayfront Park Redevelopment -
Pepper Fountain.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an Amendment1/' to the Agreement, dated January 19, 1982,
between the City of Miami and Fuller A Sadao, P.C. for an
increase in the total fees to be paid to the Consultants in an
amount not to exceed S25,000 to he used exclusively for payments
to a qualified fountain designer for the development of a
prototype of the proposed Pepper Fountain.
Section 2. Funds for the above mentioned increase are to
be provided from the Project Expense appropriation for C.I.P.
331306 - Bayfront Park Redevelopment - Pepper Fountain.
PASSED AND ADOPTED this 24th day of March
1988.
ATTEST:
CITY CLERK
PLANNING REVIEW:
OR
L 4NING DEPARTMENT
PREPARED AND APPROVED BY:
CHIEF DEPUTY CITY ATTORNEY
XAVIER EL
M A Y 0 R
FINANCE REVIEW:
()Q�
FIN CE DEPARTMENT
BUDGETARY REVIEW:
FRANK RAT, AL[ING'-DIRVOUR
MANAGEMENT AND BUD EPARTMENT
5.W%Oa � ' vas
CITY AT TO NEY
1/ This Amendment shall be in a form acceptable to the City Attorney.
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CITE' Of MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
I ,o Honorable Miller J. Dawkins March 24, 1988 *ICE
Commissioner
Cesar H. Odio
City Manager 1,
Operating Costs of
sus:E_ City Parks
RErFRENcES
EN__LOEVRES
In response to your memo of March 22 requesting operations and
maintenance costs for certain parks, the following, actual
budgeted expenses, includes recreation program staff, maintenance
personnel (either full time or mobile maintenance), utilities,
insurance and pro -rated salary costs for administrative
personnel:
Allapattah-Comstock Park
$ 58,726
Athalie Range Park
165,055
Bicentennial Park
296,793
(1)
Dorsey Park
148,581
Elizabeth Park
150,952
Gibson Park
156,996
Grapeland Heights Park
219,494
(2)
Hadley Park
171,881
Jose Marti Park
263,452
(3)
Moore Park
203,142
(4)
Morningside Park
183,665
(5)
Roberto Clemente Park
66,496
(1) Includes Watson, Bayfront and FEC Properties
(2) Includes Stephen Clark Building
(3) Includes year round swimming operations
(4) Includes Tennis Courts
(5) Has mobile staff stationed at this park
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`I-v or MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorabl a ^?ayor anti ►!'
embers DAE
F3205
of the City Commission
BAYF�011JT P.'1ZK 4EOEVELOPF+E"+?
Resolution authorizing the
City 'tanager to execute an
+ I� amendment to the Agreement QFFFREti%ES
i I with Consultants
Cesar H. Odio '`" .��.��,,;pFS
City tlanaaer
RECOMMEN DATI O`d
It is respectfully recommended that the City Commission aropt the
attached resolution authorizing the City Manager to execute an
amend+ent to the Agreement with Fuller A Sadao, D.C., in a form
acceptable to the City Attorney, increasing the total fees to be
paid by the City by an amount not to exceed $25,000 to a possible
total of $1,259,950; with the funds for the increase to be
provided from an existing appropriation to CIP 331305 - 3AYFRONT
PARK REDEVELOPMENT - PEPPE1 FOUNTAIN for project expense costs.
The amendment will stiplflate that the increase will be used
exclusively for the development of a prototype of the fountain;
and for any subsequent testing, modifications, aajustments, and
other work that may be required in connection with the prototype;
so as to provide all information required for preparation of
plans and specifications for the construction of the fountain.
BACK (ROUND
The Oeoartment of public Works has analyzes the situation and
agrees with Isamu Hoguchi, the project artist and Fuller 6 Sadao,
the project architects, on the Bayfront Park Redevelopment who
have expressed the need for the development of a prototype of the
proposed Pepper Fountain to provide information to them So that
they may prepare complete plans and specifications for the
construction of the project. The prototype is requirel to
determine such things as the exact shape of the fountain, the
jets and nozzles required, ani *.he amount of water to be
circulated. The consultants have requested that the City have
the prototype built using the Project Expense allocation for the
Bayfront Park Redevelopment - Pepper Fountain project, the
allocation usually uses+ for funding testina costs.
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88-2 7o
It is conslaeren essential that the construction of a prototype
De under the airection of the project artist and architect to
maintain their control over the ultimate aesign. we are
therefore recommenainq that an amendment be made to the agreement
Detween the City ana Fuller 6 Sadao P.C. that will provide monies
to be used exclusively for payments to a qualified fountain
designer for the aevplopnent anh subspquent testing,
modifications, adjustments, -and other work that may be required
in connection with the prototype. the. 4mennment will disallow
any markup by the artist or architect on monies paid for the
prototype. It will also stipulate that payments made for the
development of the prototype will not be subject to the minority
participation requirements of all other parts of the agreement.
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AMENDMENT VI
PROMBSIONAL BERVIC68 AGREEMENT
This AGREEMENT, made this day of , i98 ,
by and between the City of Miami, a municipal corporation of the
State of Florida, (hereinafter referred to as the "CITY",) and
Fuller 6 Sadao, P.C., a for profit corporation of the State of
New York (hereinafter referred to as the "PRINCIPAL").
RECITAL
WHEREAS, the City entered into an Agreement with Fuller and
Sadao, P.C., dated January 19, 1982, as authorized by Resolution
No. 81-949, dated November 12, 1961, to provide professional and
technical services for the Redevelopment of Bayfront Park; and
WHEREAS, the Agreement between the City and Fuller and
Sadao, P.C., was amended by Amendment I dated March 16, 1982, in
order to expand the project area and to accommodate the revised
master plan for Bayfront Park; and
WHEREAS, the Agreement between the City and Fuller and
Sadao, P.C., was further amended by Amendment II dated 29, 1982
as authorized by Resolution No. 82-360, dated May 11, 1982, in
order to more specifically define and identify the project and
its special elements, and to revise the fee structure for
services to be rendered; and
WHEREAS, Resolution No. 82-380, conditionally authorized the
City Manager to expend up to $270, 500 for the fees (50% of the
negotiated fee of $541,000) for professional and technical
services related to additional phases of the work by Fuller and
Sadao, P.C.; and
WHEREAS, by Resolution No. 83-320 adopted on April 6, 1983,
the City Manager was authorized to execute Amendment III to the
Agreement dated January 19, 1982, with Fuller and Sadao, P.C. and
to expend an amount not to exceed $104,950 for the cost of said
Amendment III and an additional sum not to exceed $36,O00 for the
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cost of Special Consultants, but was not authorized to implement
Amendment II and to expend the remaining $270,500 (50% of the
negotiated fee of $541,000); and
WHEREAS, by Resolution No. 85-46, adopted on January 10,
1985, Resolution No. 83-320 adopted April b, 1983 was
effectuated, authorizing the City Manager to fully implement
Amendment III by the expenditure of an amount not to exceed
$104,950, and further authorizing the City Manager to fully
implement Amendment II to said Agreement dated January 19, 1982
by the expenditure of an amount not to exceed $270,500 which is
the remaining cost of said Amendment II, and further authorizing
the City Manager to expend a sum not to exceed $36,000 for the
cost of Special Consultants required under said Amendment ill as
set forth in said Resolution 63-320; and
WHEREAS, by Resolution No. 85-934, on September 12, 1985,
the City Manager was authorized to execute Amendment IV, in a
form acceptable to the City Attorney, and was further authorized
to expend $375,000 for the cost of said Amendment IV providing
for $202,006 in additional fees for the Principal; $156,927 in
additional fees for Special Consultants and $16,067 as a
contingency fund for design related costs; and
WHEREAS, the authorization established by Resolution No. 62-
380, on May 11, 1982 was conditioned upon the hiring of a
minority owned business firm, whose annual net earnings were less
than $250,000, by Fuller b Sadao, P.C. to perform 20% of the
technical and professional services in connection with the
funding authorized through that Amendment; and
WHEREAS, Resolution No. a2-671, passed July 22, 1982,
amended Section 3 of Resolution No. 82-380, by establishing that
said 20% Minority Participation be comprised of 10% Black and 10%
Hispanic Minority Participation; and
WHEREAS, at the City Commission at their Meeting of July 23,
1987 further clarified their intent that said 20% Minority
Participation requirement shall apply to all past, current and
future technical and professional services for the Bayfront Park
Redevelopment Project; and
WHEREAS, by Resolution No. 88-4b adopted January 14th 196E
by the City Commission, the City Manager was authorized to
execute Amendment V of the AGREEMENT to provide the
aforementioned minority participation requirements; and
WHEREAS, by Resolution 86- adopted March loth 1968 by the
City Commission, the City Manager was authorized to execute
Amendment VI of the AGREEMENT to provide an increase in the
amount of fees payable to fuller & Sadao, P.C. in an amount not
to exceed $25,000 to be used exclusively for the construction of
a prototype of the proposed Pepper Fountain, and for any and all
subsequent testing, modification, adjustments and other work
related to the prototype required to provide the Consultant with
the information required for the preparation of plans and
specifications for the construction of the fountain. The
increase provided by Amendment VI will be added to the $lb,U67
CONTINGENCY FUND and will not be subject to the minority
participation requirements mentioned in the original AGREEMENT
and in subsequent Amendments to the AGREEMENT;
NOW THEREFORE, the parties agree to amend the AGREEMENT as
follows:
2. SECTION I - GENERAL: Amend Subsection F as follows:
F. The CITY hereby budgets the amount of $1, 259, 950.OU for
the AGREEMENT. This amount includes the following:
1A. $1,216,683 for professional and technical services
including:
a. $1,000,956 to cover the FEE for the PRINCIPAL.
b. $217,927 to cover the costs of SPECIAL CONSULTANTS
18. $41,067 as a CONTINGENCY FUND as defined herein.
4. SECTION I - GENERALs Amend Subsection H as follows:
H. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
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services rendered, as outlined in SECTION It - PROFESSIONAL
SERVICES hereof, the FEES of ONE MILLION NINE HUNDRED AND FIFTY-
SIX DOLLARS ($1,000,456).
IT IS FURTHER UNDERSTOOD THAT ALL OTHER CONDITIONS OUTLINED
UNDER THE ORIGINAL AGREEMENT, AS AMENDED, REMAIN IN FULL FORCE
AND EFFECT WITHOUT MODIFICATION.
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, execute this Agreement, the day and
year first set forth:
ATTEST:
Sec. of the Corporation
Witness
Witness
ATTEST:
tty Hirai, City Clerk
PRINCIPAL: Fuller i Sadao, PC.
President of the Corporation
(signature and seal)
THE CITY OF MIAMI (a Municipal
Corporation of the State of
Florida
Cesar H. O lo, City Manager
APPROVED AS TO FORM AND
CORRECTNESS
Lucia Dougherty, City Attorney
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