HomeMy WebLinkAboutR-86-0706T.IR:
'J-86-775 ?`
RESOLUTION NO. 86-706
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT #3, IN
SUBSTANTIALLY THE FORM ATTACHED, TO THE
SEPTEMBER 27, 1983 AGREEMENT WITH
O'LEARY SHAFER-COSIO, P.A., LANDSCAPE
ARCHITECTS/LAND PLANNERS, TO PROVIDE
COMPENSATION FOR ADDITIONAL PROFESSIONAL
SERVICES WITHIN THE ORIGINAL SCOPE OF
SERVICES, BUT UNFORESEEN AT THE TIME OF
THE ORIGINAL AGREEMENT, FOR THE
RENOVATION OF MOORE PARK; FURTHER
AUTHORIZING FINAL PAYMENT TO SAID
CONSULTANT IN THE AMOUNT OF $16,000;
ALLOCATING FUNDS THEREFOR FROM THE i985-
86 CAPITAL IMPROVEMENT PROGRAM FUND -
UNUSED MOORE PARK PROJECT EXPENSE, TO BE
REIMBURSED FROM LIQUIDATED DAMAGES
ASSESSED THE CONSTRUCTION CONTRACTOR.
WHEREAS, the City Commission, by Resolution No. 83-708,
adopted July 28, 1983, authorized the City Manager to execute an
Agreement with O'Leary-Shafer-Cosio, P.A., Landscape
Architects/Land Planners, to provide professional services for
design and construction consultation related to the renovation of
Moore Park; and
WHEREAS,
Section V
of said
Agreement
provides
for the City
to authorize
additional
services
within the
original
scope of the
project, but unforeseen at the time of execution; and
WHEREAS, said firm has, during the course of the work,
provided additional professional services related to the overall
development plan, site improvements and construction
administration substantially beyond the anticipated completion of
the project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
Amendment #31* in substantially the form attached, to the
September 27, 1983 Agreement with O'Leary -Shafer -Casio, P.A.,
providing an increase in compensation for additional professional
services amounting to $16,000, for design consultation on the
Moore Park Renovation Project.
MEMO or
Sup 11 1SH
Section 2.
Final payment in the amount of $16,000 is hereby
authorized to O'Leary-Shafer--Cosio, P.A., with funds therefor
hereby allocated from the 1985-•86 Capital Improvement Program
Fund ® Unused Moore Park Project Expense, to be reimbursed from
liquidated damages assessed the construction contractor.
PASSED AND ADOPTED this 11th day of SE TENDER , 1986.
XAVIER L. VREZ
MAYOR
.ATTE s
AMENDMENT #3
This Amendment #3 made this day of ,
1986, to an Agreement dated September 27, 1983, by and between
the City of Miami, a municipal corporation of the State of
Florida, hereinafter called "CITY", and O'Leary-Shafer-Cosio,
P.A., Landscape Architects, Land Planners, hereinafter called
"PRINCIPAL".
WHEREAS, the City Commission by Resolution #83-708 adopted
July 28, 1983, authorized the City Manager to execute n Agreement
with PRINCIPAL to provide professional services for Design and
Construction Consultation related to the renovation of Moore
Park, and
WHEREAS, Section V of the Agreement provides for CITY to
authorize additional services within the original scope of .the
project but unforseen at the time: of execution, and
WHEREAS, during the course of construction, due to incorrect
interpretation of the construction documents by the contractor
and work inconsistent with he plans and specifications,
additional construction administration services were carried out
by the PRINCIPAL and its specialists, and
NOW, THEREFORE, CITY AND PRINCIPAL, for the considerations
hereinafter set forth, amend the agreement as follows:
1. SECTION 1, sub -section Do shall read as follows:
D. CITY agrees to pay and PRINCIPAL agrees to accept
as payment in full for all professional and
• technical services rendered, as outlined
throughout this Agreement and specifically in
Section III - Professional Services hereof, the
Lump Sum Fee of One Hundred Eighty-three Thousand,
Seventy -Four Dollars ($183,074.00).
gnu
2. SECTION V shall read as follows:
For professional and technical services for the
Schematic Design Development, Bidding, Construction
Documents and Construction Phases of the Project, as
outlined throught L-his Agreement, and specifically in
Section III hereof, CITY agrees to pay, and PRINCIPAL
agrees to accept, as payment for its services through
October 31, 1986, the Lump Sum Fee of One Hundred
Eighty -Three Thousand Seventy -Four Dollars
($183,074.00) This Lump Sum Fee will hereinafter be
called the BASIC FEE.
This payment will be made monthly in proportion to the
services performed, so that the compensation at the
completion of each Phase shall equal the following
percentages and amounts of the total BASIC FEE:
Percentage of accumulated
At the end of Phase Lump Sum Payment Payments
1. Schematic Design 13 $21,885 $ 21,885
Phase
2. Design Development 31 $29,180 $ 51,065
Phase
3. Construction Docu- 66 $58,360$iU9,425
ment Phase
4. Bidding Phase 70 $ 7,Zy5 $i16,720
5. Construction Admi- 100 $66,354 $183,074
3. The Agreement entered into between CITY and PRINCIPAL
dated September 24, 1983, Amendment #1 dated March 19,
1984, and Amendment #2 dated February 22, 1985 shall
remain in full force and effect and shall not be deemed
to be modified except as modified herein.
IN WITNESS WHEREOF the parties hereto have, throuugh their
proper corporate officials, executed this Amendment #.', the day
and year first above written.
ATTESTS PRINCIPAL: O'LEARY-SHAFER-
Secretary o Corporation
ATTEST:
COSIO, P.A.
President of the Corporation.
(Corporate Seal)
THE CITY OF MIAMI, A Munici-
pal corporation of the State
of Florida
6
1
,r
in
t
THE CITY OF MIAMI, A munici-
pal corporation of the state
of Florida
By:
C ty Clerk
City Manager
APPROVED AS TO CONTENTs
APPROVED AS TO FORM AND
CORRECTNESS:
Director, Parks, Recreat on
City Attorney
and Public Facilities
Department
07,
t
86
t
s -
CAW
!. CORPORATE RESOLUTION
WHEREAS, the Board of Directors of O'Leary-Shafer-Cosio,
P.A., Landscape Architects/band Planners, has examined the terms,
contract with the City of Miami for additional services within
the original scope of the project but unforeseen at the time of
execution.
WHEREAS, the Board of Directors, at a duly held corporate
meeting, have considered the matter in accordance with the by-
laws of the corporation;
NOW, THEREFORE, BE iT RESOLVED BY THE BOARD Of DI RECTORS OF
O'Leary-Shafer-Cosio, P.A., Landscape Architects/Land Planners,
that the president and secretary are hereby authorized and
instructed to enter into a contract in the name of, and on behalf
of this
i;
corporation, with the
City of
Miami for additional
services
within the original scope of the
project but unforeseen
at the time of execution, in
accordance
with the contract
documents
furnished by the City
of Miami,
and for the price and
upon the
terms and payments contained
in
the proposed contract
submitted
by the City of Miami.
IN WITNESS
WHEREOF, this
day of
, 196b:
CHAIRMAN,
Board of Directors
ATTEST:
(SEAL)
CORPORATE
1:
SECRETARY
Ss-" 706
i
ria
CITY OF MI AMI. FLORIDA
INTER -OFFICE IA4RMOn APB OUM
Honorable Mayor and Members (('""'''
TO, of the City Commission DATE: S FP 3 10 FILF;
FROM:
Cesar H. Odio
City Manager
Resolution Authorizing the
SUBJECT: Execution of Amendment #3
to the Consultant Agreement
Moore Park Renovation
REFERENCES:
ENCLOSURES:
s
it is recommended that a resolution be passed
authorizing Amendment #3 to the Consultant's
Agreement for the Moore Park Redevelopment
Project, increasing the contract amount by
$16,000 for a total of $183,074; further
authorizing final payment to the consultant
O'Leary-Shafer-Cosio, P.A., in that amount
and allocating said funds from the 1985-86
Capital Improvement Program Fund - Unused
Moore Park Project Expense.
The City Commission, by Resolution No. 83-708 on July 28, 1983,
authorized the execution of an agreement with O'Leary -Shafer-
Cosio, P.A., to provide professional services for design and
construction consultation services related to the renovation of
Moore Park.
The construction contractor was not able to meet the completion
deadline of September 30, 1984, resulting in additional services
and costs on the part of the desing consultant. O'Leary-Shafer-
Cosio had provided such services to the City through May 1985,
and has awaited payment while the City resolved problems with
Aiem Construction. Additional consultant costs are usually paid
from liquidated damages assessed on the construction contractor,
which are received after the completion of the project.
To wait until the revenues from liquidated damages are received
would cause undue hardship for the minority subconsultants
involved in this project. The Parks, Recreation and Public.
Facilities Department recommends that this amendment be approved
and that final payment be authorized. Funding is available in
the unused portion of total project expense in the 1985-86
Capital .Improvement Program. This shall be reimbursed from