HomeMy WebLinkAboutR-83-0320300
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RESOLUTION NO. 83�3-200
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE F&IENDMENT III, IN SUBSTANTIALLY THE FORM
ATTACHED, TO THE PROFESSIO14AL AND TECHNICAL SERVICES
AGREEMENT DATED JANUARY 19, 1982, AS AMENDED,
BETWEEN THE CITY AND FULLER AND SADAO, P.C. FOR
THE BAYFRONT PARK REDEVELOPMENT PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT
NOT TO EXCEED $104,950 FOR THE COST OF SAID
AMENDMMENT III; FURTHER AUTHORIZING THE CITY MANAGER
TO EXPEND AN ADDITIONAL SUM NOT TO EXCEED $36,000
FOR THE COST OF SPECIAL CONSULTANTS REQUIRED UNDER
SAID AMENDMENT III; WITH THE HEREIN AUTHORIZED
EXPENDITURES BEING SUBJECT TO AVAILABILITY OF FUNDS.
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, 1982, to provide
professional and technical services for the redevelopment
of Bayfront Park; and
WHEREAS, the City Commission by Resolution No. 82-380
authorized the City Manager to expend up to $270,500 for
the Principal's fees (50% of the negotiated fee of $541,000
for additional phases of the WORK) and authorized the City
Manager to execute Amendment II to the professional and
technical services agreement with Fuller and Sadao, P.C.
reflecting changes in the PROJECT; and
WHEREAS, the CITY has revised the Bayfront Park Redevelop-
ment Project Work to include the Special Element Chopin Plaza
Court, and an expanded program for the Amphitheatre; and
WHEREAS, the PRINCIPAL'S fee for the WORK is increased
by $105,000 reflecting the inclusion of the Special Element,
Chopin Plaza Court, and the expanded program for the Amphitheatre;
and
WHEREAS, Special Consultants fees are increased by
$36,000 reflecting the inclusion of Chopin Plaza Court and
the expanded program and the general refinement of the PROJECT
as a result of completing the Design Development Phase; and
WHEREAS, Amendment III to the Agreement between the
CITY and Fuller and Sadao, P,C., for professional and technical
services for the Bayfront Par}: Redevelopment Project, incorporated
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as part of this Resolution, includes the aforementioned increases
in fees, with all necessary monies for Amendment III from
appropriations in the City C.I.P.;
WHEREAS, Amendment III provides that any portion of the
WORK to be performed by the PRINCIPAL may be authorized only
when funds are available for construction of that portion of the
PROJECT and that it be in the best interest of the CITY;
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 III in substantially the attached form, amending the
Agreement dated January 19, 1982, as amended, between the CITY
and Fuller and Sadao, P.C. for professional and technical services
for the Bayfront Park Redevelopment Project, reflecting program
changes and increasing the PRINCIPAL'S and Special Consultant's fees.
Section 2. The City Manager is hereby authorized to expend
an amount not to exceed $104,950 for the cost of said Amendment III
and an additional sum not to exceed $36,000 for the cost of
special consultants.
Section 3. Authorization herein for the expenditure of
monies is conditioned upon and subject to the availability of funds.
PASSED AND ADOPTED this 6th day of April , 1983.
Maurice A. Ferre
M A Y O R
T:
�`-�
Zallph'ongie
y Clerk
PREPARED AND APPROVED BY:
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
� Imo► ..
li
se R. Garcia -Pedrosa
ty Attorney
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\MIAIWl"N'l I I 1
1,111S 1w.1"HAIF.NT by and between the CITY 01' MIA\11, a
municipal corporation in the State of Floridc' (the "City"),
P.C. , hereinafter cal led the PRINCIPAL.
and Fi1I,L.I:I: AND S:\i)r\(�,
dated, , 198-1.
IV I T N 1: S S V T II
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, 1981, to provide
professional and technical services for the Redevelopment of
Bayfront Park; and
MIERFAS, the AGRI UNIE \T between the CITY and I:ul l er and
Sadao, P.C., was amended by A\IENMIENT I dated March 169 1982,
in order to expand the project area by approximately V) acres
and to revise the master plan for BZ'vfront Park, and
WHEREAS, the AGRFIEMI\T between the CITI' and Fuller and
Sadao, P.C., was further amended by AMENDMENT 1I dated September
29, 1982, as authorized by Resolution No. 82-580, dated May 11,
1982, in order to more specifically define and identify the project
and special elements and to revise the fee structure for services
to be rendered; and
WHEREAS, the CITY has designated $1,204,300 in Capital
)rovement Program funds to be used for the Bayfront Park
ievclopment Project; and
WHEREAS, circumstances since the execution of the original
reement and subsequent amendments have changed so that the
rties desire to hereby amend the professional services contract
as to more fully insure that the public purpose will be served.
NOW, THEREFORE, the parties agree to amend the AGREEMENT
f o I 1 oats :
SECTI01\ I - GENERAL: amend sub -section F as follows:
F. The CITY hereby budgets the amount of 5706,950 for this
AGREEMENT. This amount includes the following:
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3.
4.
S.
l . 5-00 950 for prof es s ion 'II and technical Services
including:
al Thu lump sum fee of fib 15,p511 for the, PRINCIPAL
bl 561 ,000 to cover the costs of special consultants.
SECTION I - GFNP.RAL: amend sup -section 11 ;Is fOlIOwS:
II. The CITY agrees to pay and the PRINC1i'A1. agrees to accept
as payment in full for all professional and technical
services rendered, as outlined in SECTION IT - PROFESSIONAL
SERVICES hereof , the LUMP SUN! I:I:I: 01: SIX HUNDRED FORTY FIFE
THOUSAND NINE IiUNDREP FIFTY DOI.I.ARS (5045,950). The CITY
reserves the right to authorize only those portions of
the WORK as funding becomes available for corresponding
Portions of the PROJECT and it is in the CITY'S hest
interest to proceed.
SECTION II - DEFINITIONS: amend sub -section I' as follows:
I'. SPECIAL ELEMENTS is hereby defined as the "Sea" Fountain,
Light Tower, Chopin Plaza Court, and the Amphitheatre
stage and support facilities as located on the Matrix
Plan, also known as Exhibit 1113".
SECTION III - PROFESSIONAI, SERVICES: amend sub -section C.
CONSTRUCTION DOCUMENT PHASE as follows:
C. It is the intention of both parties to proceed with
this phase of the PROJECT as funding becomes available,
and upon authorization from the CITY MANAGER. It is
anticipated that certain elements of the PROJECT will
be privately funded. The CITY reserves the right to
delete privately funded elements from the WORK to be
provided by the PRINCIPAL under this phase. During
the Construction Document Phase, upon written authoriza-
tion from the CITY MANAGER or his designee, and in
accordance with the approved and accepted portions
of the Design Development Phase, the PRINCIPAL shall:
SECTION III - PROFESSIONAL SERVICES: amend sub -section D
BIDDING PHASE as follows:
D. It is the intention of both parties to proceed with this
Phase of the PROJECT as funding becomes available, and upon
authorization from the CITY MANAGER. It is anticipated
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P4
01
5.
6.
that certain Clements of- till-, PROJECT 1,iI1 he privately
funded.
The CITY reserves the right to delete priv.iteIy funded
elements from thu WORK to he provided by the PRINCIPAL
under this I'Ilase. Durill" the Ridding; Phase, upon
Written al►thorizatioil from the CITY MANAGER or his
des ;nee, Intl in accordance with the approved and
accepted portions of the construction documents, the
PRTNCII'AL shall :
SECTION III - PROFESSIONAL SERVICES: amend suh-section I:
CONSTRUCTION PHASE as folloi:s:
E. It is the intention of hoth parties to proceed with this
Phase of the PROJECT as funding becomes available, and upon
authorization from the CTTI' MANAGER. It is anticipated
that certain elements of the PROJECT will he privately
funded. The CITY reserves the right to delete privately
funded elements from the WORK to he provided by the
PRINCIPAL under this Phase. During the Construction
Phase which shall commence with the award of the
Construction Contract, upon written authorization from
the CITY MANAGER or his designee, the PRINCTPAL shall:
SECTION V - COMPENSATION FOR SERVICES: amend sub -section
A as follows:
A. For professional and technical services of the PROJECT,
as outlined in SECTION ITT hereof, the CITY agrees to
pay, and the PRINCIPAL agrees to accept, as a full
payment for his services, the LUMP SUM FEE OF SIX HUNDRED
FORTY FIVE THOUSAND NINE HUNDRED FIFTY DOLLARS (5645,950).
The LUMP SUM FEE, will hereinafter he 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 Part shall equal the following amounts
of the total BASIC FEE.
PHASES MATRIX PLAN SPECIAI. ELEMENTS TOTAL
SCHEMATIC15,000 27,750 400750
DESIGN DEVELOPMENT 96,000 47,000 143,000
CONSTRUCTION DRAWINGS 1909000 92,000 2820000
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A�
PHASES (cont ' d . 1
111TRI \
PLAN
SPECI:11. I ,I:-MFN'TS
TOTAL,
I'll Dill M;
S 25,000
S. I2,200
S 3",200
CONSTRUCTION S1111ERVTSIO\
90,000
17,000
1.3,(1(10
TOT.-\1,
5120,000
S-125,95()
S645,95()
ATTEST .
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Director, Department of Par,s
CONSULTANT, MILLER AND SADAO, P.C.
ATTEST:
Secretary
CITY OF MIAMI (a municipal corporation
of the State of Florida)
APPROVED AS TO FORM AND CORRECTNESS'
Citv Attornev
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49
COMMISSION ACTION
�O Howard V. Gary DATE March 25, 1983 r1LE
City Manager
5-b Amendment to Fuller and Sadao,
P.C. Contract - Bayfront Park
Redevelopment Project.
Fr';m' Carl Kern, Director
Department of Parks
CITY OF MIAMi. FLORIDA
\; r T
INTERICS
-OFFICE J 11'06'R'ANDUM
A""
It is recommended that the City Commission
authorize the City Manager to execute an
amendment to the professional and technical
services Agreement dated January 19, 1982,
between the City and Fuller and Sadao, P.C.
for the Bayfront Park Redevelopment Project,
and further authorize the City Manager to
expend up to 645,950 to complete all phases
of the Work, and $61,000 for special consult-
ants necessary to the Work.
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, 1982, to provide professional and technical
services for the Redevelopment of Bayfront Park. This Agree-
ment was additionally amended to accommodate changes in program
and design as the park concept developed.
Amendment II to the Agreement incorporated an updated Master
Plan which formed the basis for the Design Development Phase.
The Commission, by Resolution #82-380, approved the Master
Plan and authorized the City Manager to execute Amendment II
and to expend up to $270,500 in fees (50% of the negotiated fee
of $541,000) for the Design Development Phase, with the condition
that 20% of this expenditure go to minority firm participation,
10% Hispanic and 10% Black.
Fuller and Sadao, P.C. entered into an agreement with the firm
of Joe Middlebrooks, A.I.A. for the Schematic Phase of the amphi-
theater stage and support facilities prior to the execution of
Amendment II and work is now proceeding. The 10% Hispanic par-
ticipation was complied with through existing subcontracts.
The Bayfront Park Redevelopment Project includes several special
-features for which the City is seeking methods of financing.
These features include:
Page 1 of 3
83-320
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TO: Howard V. Gary March 9, 1983
City Manager
o A Baywalk and seawall replacement program which
will be built by the U.S. Corps of Engineers
under an agreement whereby the City deed the
site area to the Corps in exchange for up to
$6,000,000 to be expended by the Corps for
the Baywalk project. The Corps is scheduling
the issuance of Bid documents by April 15, 1983.
o Children's play sculptures and ancillary areas
of the park funded by a State of Florida, City
matching grant of $300,000, a National Endowment
of the Arts grant of $20,000, and a Knight Found-
ation grant of $20,000. Additional private fund-
ing is anticipated as well.
o An outdoor amphitheatre area which will accommo-
date up to 10,000 people, which is at this time
unfunded.
o Three additional features, a light tower sculpture,
a major feature fountain, a part of the Baywalk
Project, and a fountain, sculpture, stage area
adjacent to Chopin Plaza referred to as Chopin
Plaza Court, are to be funded from the private
sectors.
Chopin Plaza Court is estimated by the City's archi-
tects to be a $1,750,000 improvement. The develop-
ment and construction of Chopin Plaza Court is to
be accomplished by the Hollywell Corporation as a
contribution to the parks from Hollywell and Mr. Ted
Gould.
The Light Tower Project is estimated to be a $750,000
improvement. Mr. Martin Margulies has offered to
guide the development and construction of this feature
as a contribution to the park.
The Baywalk feature fountain is as yet unfunded, however
efforts are currently underway to accomplish this feature
by private contribution.
In order to accommodate the development and construction of these
special features, it is necessary to proceed with the Construction
Document Phase of the Work to be performed by the City's architects
and engineers, Fuller and Sadao, P.C.
Both Mr. Gould and Mr. Margulies are prepared to proceed in a
timely fashion with their contributions to this Bayfront Park
.'Project. Their contributions depend on the completion of design
and construction documents by the City's architects.
Page 2 of 3
83--320E
TO: Howard V. Gary March 25, 1983
City Manager
I therefore recommend the Commission authorize Amendment III
to the Agreement between the City and Fuller and Sadao, P.C.,
which incorporates these features, and further authorize the
City Manager to proceed with the Work including the Special
t Features for which funding is anticipated.
The City has designated $1,204,300 in Capital Improvement
Program Funds for the Bayfront Parks Redevelopment Project
which funds include the costs for this Work.
CK/SM/js
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