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Home My WebLink AboutR-85-00361 J85-5 RESOLUTION NO. 85-36 A RESOLUTION AUTHORIZING THE CITY MANAG- ER TO EXECUTE AMENDMENT #2 IN SUBSTAN- TIALLY THE FORM ATTACHED, TO THE SEPTEM- BER 27, 1983, AGREEMENT WITH O'LEARY- SHAFER-COSIO, P.A., LANDSCAPE ARCHI- TECTS/LAND PLANNERS, TO PROVIDE COMPEN- SATION FOR ADDITIONAL PROFESSIONAL SERVICES WITHIN THE ORIGINAL SCOPE OF SERVICES, BUT UNFORESEEN AT THE TIME OF THE ORIGINAL AGREEMENT , FOR THE RENOVA- TION OF MOORE PARK, USING FUNDING FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTIN- GENT FUND, TO BE REIMBURSED FROM LIQUI- DATED DAMAGES TO BE ASSESSED ON THE CONSTRUCTION CONTRACTOR AT THE COMPLE- TION OF THE PROJECT. 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 Archi- tects/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 administra- tion 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 #2, in substantially the form attached, to the Septem- ber 27, 1983, Agreement with O'Leary-Shafer-Cosio, P.A., Land- scape Architects/Land Planners to provide compensation amounting to $21,174, 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, using funding from Special Programs and Accounts, Contingent Fund, to CITY COMMISSION MEETING C JAN 10 1985 loci 11(,. 85-3 be reimbursed from liquidated damages to be assessed on the construction contractor at the completion of the project. PASSED AND ADOPTED this _loth_ day of January 1 1985. Maurice A. Ferre MAYOR ATTEST: CC Raf'ph G. Ongie, City C"rerk PREPARED AND APPROVED HYz 4&ND /. &at A - Robert F. Clark Deputy City Attorney APPROVJFD APFW FOIP AND CORRECTNESS: cucia-A. u-ougner City Attorney S5-36 ;.r SUPPLEMEtffAL AGREEMENT #2 LANDSCAPE ARCHITECTURAL AGREEMENT This amendment made this day of 1984, 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 an Agree- ment 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 unforeseen 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 the plans and specifications, addi- tional construction administration services were carried out by the PRINCIPAL and its specialists, and WHEREAS, PRINCIPAL and its specialists have agreed to carry out the additional Design and Construction Consultation Services. NOW, THEREFORE, CITY and PRINCIPAL, for the considerations hereinafter set forth, agree and covenant, one unto the other that the Agreement entered into between CITY and PRINCIPAL dated September 24, 1983, and the Supplemental Agreement #1 dated March 19, 1984, shall remain in full force and effect and shall not be deemed to be repealed, amended or modified in any way except as herein specifically provided for the project as defined herein as Supplemental Agreement #2 as follows: SECTION I - GENERAL C. CITY has budgeted the amount of $999,900 for the total project. 1. $266,276 for design services, including: a) The Lump Sum Fee for PRINCIPAL; Page 1 of 3 r • SUPPLEMENTAL AGREEMENT #2 LANDSCAPE ARCHITECTURAL AGREEMENT �:. This amendment made this day of 1984, by RCS and between the City of Miami, a municipal corporation of the i 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 an Agree- ment 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 unforeseen 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 the plans and specifications, addi- tional construction administration services were carried out by the PRINCIPAL and its specialists, and WHEREAS, PRINCIPAL and its specialists have agreed to carry out the additional Design and Construction Consultation Services. NOW, THEREFORE, CITY and PRINCIPAL, for the considerations hereinafter set forth, agree and covenant, one unto the other that the Agreement entered into between CITY and PRINCIPAL dated September 24, 1983, and the Supplemental Agreement #1 dated March 19, 1984, shall remain in • full force and effect and shall not be deemed to be repealed, amended or modified in any way except as herein specifically provided for the project as defined herein as Supplemental Agreement #2 as follows: SECTION I - GENERAL C. CITY has budgeted the amount of $999,900 for the total project. 1. $266, 276 for design service:,, including: a) The Lump Sum Fee for PRINCIPAL; Page 1 of 3 0 85"-06 b) Surveys, soil investigations and related i services; c) Permits; d) 'Administration, printing and related expenses. 2. $709,839 for the Construction Cost of Phase I of the Project; 3. $23,785 for project contingencies including 1.5% of the building construction cost of the Project for Art Work. 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 Agree- ment and specifically in Section III - Professional Services hereof, the Lump Sum Fee of One Hundred Sixty - Seven Thousand, Seventy -Four Dollars ($167,074.00). SECTION V - COMPENSATION FOR SERVICES For professional and technical services for the Schematic Design Development, Bidding, Construction Documents and Construction Phases of the Project, as outlined throughout this Agreement, and specifically in Section III hereof, CITY agrees to pay, and PRINCIPAL agrees to accept, as full payment for its services, the Lump Sum Fee of One Hundred Sixty -Seven Thousand Seventy -Four Dollars ($167,074.00) 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 comple- tion 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 58,360 109,425 ment Phase Page 2 of 3 0 4. Bidding Phase 70 Tt 95 116,720 5. Construction Admi- 100 50,354 167,074 n nistration Phase SECTION VI - SCHEDULE OF WORK ' E. Construction Phase The Construction Phase will commence with the award t `•=t'-• of the Construction Contract and shall be completed when PRINCIPAL has delivered to CITY written cer- a tification that the Project has been constructed aks t' in accordance with CITY approved construction plans, specifications and CITY approved change orders; other written certificates as may be re- quired by law and regulations applicable to the Project, including record drawings, and the City Commission has accepted the Project by Resolution, but in no case later than forty five (45) days $w^'` after delivery by PRINCIPAL. �Rr Actual construction activities at the site shall be concluded at the completion of the "punch list items", anticipated to be January 15, 1985. YaM N= IN WITNESS WHEREOF the parties hereto have, through their 4 r proper corporate officials, executed this Supplemental Agreement, the day and year first above set forth. ATTEST: PRINCIPAL: O'LEARY-SHAFER-COSIO, P.A. Secretary of the President of the Corporation - Corporation Corporate Seal ' a ATTEST: THE CITY OF MIAMI (A municipal corporation of the State of - Florida) BY: City Clerk City Manager APPROVED AS TO CONTENT: APPROVED AS TO FORM AND CORRECTNESS: Director, Department of City Attorney Parks and Recreation Page 3 of 3 0 85�3F CITY OF MIAM1. FLORIDA 67Lssion Action INTER -OFFICE MEMORANDUM 1� Randolph B. Rosencrantz January 2, 1985 To: City Manager DATE: ems: Resolution Authorizing SUBJECT: the Execution of Amend- ment #2 to the Consult- ant's Agreement for FROM: Carl Kern '!� REFERENCE:: Moore Park # Director January 10, 1985 City Department of Parks ENCLOSURES: Commission Agenda and Recreation "It is recommended that the execution of Amendment #2 to the Consultant's Agreement for the Moore Park Redevelop- ment Project be authorized, increasing the contract amount to $21,174, with funding from Special Programs and Accounts, Contingent Fund, to be reim- bursed from liquidated damages to be assessed on the construction contrac- tor after the completion of the pro- ject, per the attached resolution." 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 design consultant. These additional costs are usually paid from liquidated damages assessed on the construction contractor and 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 and Recreation Department recommends that this amendment be approved and that funding be authorized from Special Programs and Accounts, Contingent Fund, to be reimbursed fron reve- nues anticipated from liquidated damages. SLM/mg cc: Law Department