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HomeMy WebLinkAboutR-82-0635a � � ram. _ r.. • .... RESOLUTION NO.�ti �`��� A RESOLUTION ALLOCATING $12,348.23 FROM JOSE MARTI RIVERFRONT PARK CAPITAL IMPROVEMENT FUNDS AS COMPENSATION TO BE PAID THE ARCHI- TECTURAL FIRM OF WALLACE, ROBERTS AND TODD FOR PROFESSIONAL SERVICES WHICH WERE IN ADDITION TO SAID FIRM S SERVICES UNDER THE CITY'S EXISTING CONTRACTS WITH SAID FIRM RELATING TO DESIGN AND CONSTRUCTION IN CON- NECTION WITH JOSE MARTI RIVERFRONT PARK AND WHICH ADDITIONAL SERVICES WERE UNFORESEEABLE AT THE TIME OF THE EXECUTION OF SAID CONTRACTS. WHEREAS, the City Commission by Resolution No. 79-576, adopted September 13, 1979, authorized the City Manager to conduct a competition for the design of Jose Marti Riverfront Park and to appoint an impartial jury for the selection of com- petition winners, and also authorized the City Manager to nego- tiate a professional services agreement with the competition winners: Wallace, Roberts and Todd, Architects, in compliance with Ordinance No. 8965, adopted July 22, 1979; and WHEREAS, on July 16, 1980, the City entered into an Agree- ment with Wallace, Roberts and Todd, which was amended February 26, 1981, for the design and construction consultation of Phase I of Jose Marti Riverfront Park, then known as Latin Riverfront Park; and WHEREAS, during the course of their work, additional ser- vices related to work which was within the scope of the project, but unforeseen at the time the Agreement was executed, were required to complete and amend the construction and bidding documents; and WHEREAS, the basis upon which these fees were established is in accordance with the Agreement of July 16, 1980 and Supple- mental Agreement No. 1 dated February 26, 1981; and WHEREAS, sufficient monies are available under the Jose Marti Riverfront Park Capital Improvement Program to cover the cost of these additional services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLOIDA: CITY COMMISSION MEETING OF. JUL2 2 1982 A,,0-14 ti.w REROL =" CIO.......,......., n.... REMARK ............................ Section 1. The amount of $12,384.23 is hereby allocated from Jose Marti Riverfront Park Capital Improvement Program funds as compensation to be paid the architectural firm of Wallace, Roberts and Todd for professional services which were in addition to said firm's services under the City's exist- ing contracts with said firm relating to design and construction in connection with Jose Marti Riverfront Park and which addi- tional services were unforeseeable at the time of the execu- tion of said contracts. PASSED AND ADOPTED this 22ND day of JULY , 1982. MAURICE A. FERRE M A Y 0 R A T T MATft HIRAI CITY CLERK PREPARED AND APPROVED BY: A,4,e -,g, - _ ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGF((F. KNOX, JR. CITY A TORNEY -2- ,li'r t7. rct�� `cP.'CANOUivl 44 TC Howard V. Gary July 7, 1982 rL=- City Manager Authorization for payment for additional services to Wallace, Roberts and Todd. Carl Kern, Director - For City Commission Agenda Department of Parks of July 22, 1982 "It is recommended that the City Manager be authorized to compensate Wallace, Roberts & Todd, Architects, in the amount of $12,384.23 for additional professional services." During the course of preparation of the Construction and Bidding Documents, it became necessary for Wallace, Roberts & Todd, Architects, our Consultants on Jose Marti Riverfront Park, to carry out additional work, within the scope of the project, but unforeseen at the time that our Agreement was executed, and subsequently amended. This work was primarily associated with redesign required by the presence of a Southern Bell conduit bank; changes based on updated survey information and design considerations; additional design work to accommodate the donation of 24 palms, and other modifications. The attached resolution has been prepared in accordance with the enclosed opinion from the Law Department on how matters such as this should be handled. Funds to cover the requested amount are available within the Jose Marti Riverfront Park Capital Improvement Project. CK//cg Atta hment cc: Law Department Carl Kern, Director January 8, 1982 MIA-82- 0-- Department of Parks --- Payment for Additional Pro- `' fessional Services within Scope of Project Geo -ge F . Knox, Jr. � •.F,:l<, , City Attorney ----� A-17G4 "'J':L C: U�4C5 This is in response to your request for a legal opinion wherein you asked essentially the following: WHAT PROCEDURE MUST BE FOLLOWED IN ORDER TO PAY A PROFESSIONAL CONSULTANT (LANDSCAPE ARCHITECT, ARCHITECT, ENGINEER, ETC.) FOR ADDITIONAL SERVICES RELATED TO I.1ORK WHICH WAS UNFORESEEN AT THE TIME THE AGREEMENT WAS EXECUTED? If the extra work to be performed is within the scope of the project and not a result of Consultant breach, any e::penditure over the original amount allocated to the con- tract must be incorporated into the contract as an amend- ment. If the work will exceed $4,500, then the amendment must go to the City Commission for approval. If under $4,500, then execution by the Manager alone is necessary. City Charter Sections 53 and 54, City Code Sections 18-59, 18-77, 18-77,4(c). It is possible to include in the originating contract a provision such as you have suggested, as follows: If in the opinion of the City, unforeseen • work within the scope of the project_ is re- quired, the Principal shall be paid at the rate of 2.5 times the direct technical salary expense for the services rendered. However, note that it is still necessary to amend the con- tract to show the requirement of additional work at extra cost. Therefore, a sentence should be added to the above, as follows: Such a requirement shall be incorporated into this Agreement as an amendment in writing and shall be signed and executed by both parties. , ._ v kj" Carl Kern -2- January 8, 1982 In conclusion, any contract expenditures over $4,500 which was not originally allocated to the contract, must be approved by the City Commission and incorporated into the contract, in writing, as an amendment. Expenditures under $4,500 should be incorporated in writing as amendments also, but need not go to the Commission for approval. Prepared by: Deatriz -Bru Assistant City Attorney GFK/BB/wpc/l �i"— K• ijvJ