Loading...
HomeMy WebLinkAboutR-80-0856RESOLUTION NO. 8 0— 8 5 6 A RESOLUTION AUTIIORIZING THE CITY MANAGER TO INCREASE THE: SCOPE OF THE TURNKEY CONTRACT FOR THE CONVENTION CENTEIR PARKING GARAGE: BFTWEEN THE CITY OF MIAMI AND MIAMI ASSOCIATES, INC. IN THE AMOUNT OF $4,800,000, SUB.1EC'1' 1'O THE 'PERMS LU Cj) AND C0NI)IT1ON1') SET FORTH IN ATTACHED LEITTERS FROM 1)A1)1: SA\'I NGS AND LOAN ANI) MIAMI CENTER .� ASSOCIATES, INC. WITH 'I'llE REQUIREMENT "THAT SATD FUNDS P,F. PROV I.1)I:1) BY PADIF, SAV INGS AND LOAN AND r 1)EI'0SITED lti'I'1'H THE PAN APIEhICAN BANK IN ACCORDANCE "I WITH Till: AI)PLICABLE. "rRus*r INUI:N'1'l`RI: I'ROVISTON; FURTHER AUTIIOR I IN'(; '1'llE' SUL'STTTITTION OF A DESIGN PLAN FOR THE: CONVENTION CENTER GARAGE: BY I . ii. PEI, ARCHTTECT, I OR THE1'REVTOC'SL1' APPROVED DESIGN PLAN OF FERF:NDINO/GRAFTON/SPILLIS/CANDELA. ^9 WHEREAS, the City of Miami has a Turnkey Contract with Miami Center Associates, Inc. to building a parking garage of at least 1,450 spaces for a cost not to exceed $15,000,000; and WHEREAS, Dade Savings and Loan has a Lease Agreement with the City to develop the air rights over the City's parking garage; and WHEREAS, Dade Savings and Loan has proposed that the City's garage will not accommodate its proposed tower without extensive design changes; ,and WHEREAS, Dade Savings and Loan has submitted a design for the garage to the City which will accommodate its proposed World Trade Center Tower; and WHEREAS, Dade Savings and Loan has agreed that all costs in excess of $15,000,000 will be the resRp.nsLbilit-y-,•of.,D"A Savings and Loan; and rr ITEM IrJ. WHEREAS, Miami Center Associates, Inc, has agreed that the existing contract will be increased in scope but that the basic provisions remain tine same; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to issue a change order to the Turnkey Contract for the Convention Center Park- ing Garage with Miami Center Associates, Inc., subject to the terms and conditions as set forth in the attached letters from Dade Savings and Loan and Miami Center Associates, Inc., with the cost �fo-�f said/�� CITY VllIMISJIVN I MEETING OF � � I - S b M1.00: ,,u.................�.. P, XW Ks; ............................ $4,800,000, with the requirement that said funds be provided by Dade Savings and Loan and deposited with the Pan American Bank in accord- ance with the applicable Trust Indenture provision. Section 2. The substitution of a design plan for the Convention Center Parking Garage by 1. M. Pei, Architect, for the previously approved design plan of Ferendino/Grafton/Spillis/Candela, is hereby approved. PASSED AND ADOPTED this 26 day of November , 1980. ATTEST: VLP Ci: ONGIE LEIRK PREPARED AND APPOVE'D BY: IF I - /I - v! _Q TERRY V. PI. tCY ASS ISTAINT C TY ATTORNE APP`RV17f�D AS TO FORI'A� CORRECTNESS: i (} GEORG,4 F. KNOY, JR. CITY 4 TTORNEY -2r MAURICE A. FERRE M A Y 0 R 8a-856 Doc.rr 'c .�., and Loan Association Mr. Richard Fosmoen City Manager City of Miami 3500 Pan American Drive Miami, Florida r-. Re: City of Miami/University of Miami James L. Knight International Center Parking Garage Dear Mr. Fosmoen: This letter is in response to your letter addressed to Ronald Lipton, President of Dade Savings and Loan Association dated November 13, 1980. In that letter you indicated that you had been informed by your developer, Miami Center Associates, Inc. that Dade's revised plans as prepared by I.M. Pei can be accommodated by the developer and that the increased cost will not exceed $4,800,000.00. Dade should like, at this time, to inform you that we have agreed with the developer for Dade's revised plans, as defined in that letter between Dade and Miami Center Associates, Inc. of even date a copy of which is attached hereto, to be used as the plans for the garage with a total cost not to exceed $19,800,000.00. Since the City is obligated to pay the cost of $15,000,000.00, by this letter Dade obligates itself to pay any costs above the said $15,000,000.00 riot to exceed $4,800,000.00 subject to and conditioned upon the following: 1. Both Dade and the City are relieved from any of the time requirements set forth in Section 510 of the Lease Agreement dated July 1, 1980. 2. The City acknowledges that approximately 12,000 square feet of space within the ,�1rage structure will not be used for parking and will be a part of the leasehold premises available,for use by Dade under the terms of the Lease referred to in Paragraph 1 hereinabove. All those spaces located within the garage and either identified as mechanical spaces, -t � i � t• f= Man Office • 101 East Fla ler Street • M�emr, • _ • 9 rcodp 33131 T 4hone Dade County (3051 579 2000 Broward County 587 2064 80-8r)6 VI r� .. I 0 DADE SAVINGS AND LOAN ASSOCIAT►vA Mr. Richard Fosmoen(continued) Page Two elevator pits or similar areas used exclusively or primarily for servicing the tower to be built above the garage shall also be considered a part of the demised premises under the Lease referred to in Paragraph 1 hereinabove. 3. For purposes of identification, the -plans prepared by I.M. Pei, as approved by the City at its Com- mission meeting dated November 26, 1980, shall be treated as the documents upon which said mechanical spaces, elevator pits and the 12,000 square feet shall be identified. 4. The City will enter into such documentation as may be required in the future to amend the said Lease Agreement in accordance with this understanding. For the information of the City, we should like to inform you that in arriving at a cost of $19,800,000.00 for the construction of the parking garage in accordance with the revised plans as prepared by I.M. Pei, we have calculated a fee to the Miami Center Associates,Inc. of $1,150,000.00. You should also be informed that Dade has a separate agreement with Miami Center Associates, Inc., wherein all costs above the contract amount are borne by Miami Center Associates, Inc. If any of the above is not clearly understood by you, or if modifications are, in your judgment, deemed appropriate, would you please contact the undersigned immediately. Very cordially yours, DADE SAVINGS AND LOAN ASSOCIATION By MSH/js d O ;J LLit NGFR FSLIC r� Da�, SM awand Loan ri November 26, 1980 Miami Center Associates, Inc. 12th Floor 150 Southeast 2nd Avenue Miami, Florida, 33131 M Re: City of Miami/University of Miami James L. Knight International Center Parking Garage Gentlemen: Pursuant to our prior discussions, the Turnkey contract between Miami Center Associates, Inc. (hereinafter referred to as "MCA Inc.") and the City of Miami is in the process of being modified in accordance with the attached letter which we understand you have forwarded to the City Manager, City of Miami. In consider- ation of your willingness to accept the modified plans as pre- pared by I.11,1. Pei and to have the George Hyman Construction Company build the building in question, we are willing to agree as follows: 1. You and the City will modify the Turnkey Agreement so that the contract amount contained therein is raised from $15,000,000.00 to $19,800,000.00. The City is still responsible for paying you the first $15,000,000.00 of that price. MCA Inc. is, by this letter, agreeing to be responsible for any costs that may be incurred above the said $19,800,000.00 unless such additive cost is the result of appropriately executed change orders. Dade Savings and Loan Association (hereinafter referred to as "Dade") will pay the difference between the sum the City of :Miami is obligated to pay, $15,000,000.00, and the contract amount of the Turnkey Agreement as modified by Commission action of November 26, 1980, $19,800,000.00, or the sum of $4,800,000.00. If, however, the actual costs plus your fee is'less than the $19,800,000.00, then Dade's obligation is reduced to such lesser amount. Dade is also -responsible for such change orders which are appropriately executed and authorized by Dade and Dade will accompany such change orders wit"-h the appropriate cash deposit of a sum equal to the cost of such changes. If the total cost of the project does not dxceed $19,800,000.00 including the Main Office • 101 East Flagler Street • M!aml. Flonda 33131 • Telephone Dade County (3051 579 2000 BroAFd County 587 2064 s0-850; Pk ell - WE SAVINGS AND LOAN ASSOCIATION Miami Center Associates, Inc.(continued) November 26, 1980 Page Two developer's fee as set forth hereinafter, then Dade agrees that MCA Inc. shall be entitled to a fee for its services as Turnkey developer, said fee to be in the sum of $1,150,000.00 and payable to MCA Inc. on a schedule agreeable to the City. a 2. MCA Inc. and Dade agree that it would be desirable that MCA Inc. participate in the development of thIF e space above the garage presently leased to Dade under the Air Rights Lease between Dade and the City of Miami. Dade is willing to allow MCA Inc. and Sefrius Inc. to participate in the said develop— ment providing that a suitable agreement can be reached between the parties. '.Said agreement will obligate MCA Inc. and/or Sefrius Inc. if they elect to participate in the tower development to provide their pro rata share of the financial obligations thereof in such a manner as shall be specifically set forth in the agreement to be drawn between the parties. Said agreement shall also provide that in the event of a default in performance by either MCA Inc. or Sefrius Inc. that the entire interest in the development of the tower space shall revert to Dade. The parties to this letter agreement shall use their best efforts to reach a binding agreement on the item which is the subject matter of this para— graph but the failure to reach an agreement shall eliminate any rights of either MCA Inc. or Sefrius Inc., their assignees or designees, to participate in the development of the tower in the air rights space. 3. MCA Inc. as Turnkey contractor is under an obligation to complete the parki.ng garage in accordance with certain time schedules as set forth in said Turnkev Agreement with the City. This letter in no way changes that obligation. Miami Center Associates, Ltd., the developer of the Hyatt Hotel, has a permanent mortgage commitment from 'Massachusetts Mdtual Insurance Company. If, as a result of a delay in completing the said parking garage, Miami Center Associates, Ltd. is re— quired to pay a higher interest to its construction lender then it would have paid had the garage been finished in a timely fashion, then such interest I DADE SAVINGS AND LOAN ASSOCIATIO. Miami Center Associates Inc.(continued) November 26, 1980 Page Three differential (the difference between what Miami Center Associates Ltd. would have paid to Massa— chusetts Mutual Insurance Company and what Miami Center Associates, Ltd. did in fact have to pay to their construction lender) or if any further fee is paid to either or both lenders in order to extend either the construction loan or permanent ' commitment, then such fee or interest differential or a combination thereof, shall be a project cost insofar as that term is used in arriving at the total cost of the project as that cost relates to the said $19,800,000.00. The additional interest cost or fee as herein defined shall not be paid out of the said $19,800,000.00 unless at the completion of the contract, the actual costs and fee total less than $19,800,000.00, then an amount up to that difference may, at the option of MCA Inc., be utilized to pay all or part of the said interest differential or fees as defined herein. 4. The definition of cost as it is used in this letter is as per Exhibit "A" attached hereto. S. The scope of the work as agreed upon between the parties hereto is as set forth in those documents collectively attached as Exhibit "B" hereto. If the above terms and conditions are satisfactory to you, we would appreciate your executing the enclosed copy of this letter in the appropriate area. You will note we have also asked that Miami Center Associates, Ltd. execute as well. When executed, will you please return it to us directly. Very cordially yours, DADE SAVINGS AND LOAN ASSOCIATION By «S (i '�'� C)T 1 / FC)L L U} V`�' , .-...•....... w;.a:sewrr.�cvx;-w �sm.�a= aas� EXHIBIT "A" • COSTS TO BE F'E II`1SU�:SE�J 8.1 The term Cost of• the t4ork sVia ll mean cn str.iF F- necessarily incurred in the proper performance of the Worm and paid by the Contractor. Such costs shall be at rates not hioher than the standard paid in the locality of the Work t--: except with prior consent of the CA-mer, and shall include thC1 l,�'• �' items-- set forth below in this -Artzt^tc'.`• 8.1 . 1 Wages paid for labor in the direct emo lour of the Contractor in the performance of the Mork under applicable collective bargaining a reements•. or under a salary or, wage schedule .agreed upon by the uwn,?r and Contractor- and including sucrr vjeif:are or of-f er if any. as may be payable with respect thereto. 8.1 .2 S71:)r ies of Contractor's Personnel. wh?n stationed at thr� fielcl of-ficer in whatever capt3city employed. Personnel, en2.3'aed. 'at shop- or on the road. In expeditin„, the producti:?n or tranaportation of matorial•s or egjip1Tont, Sh'-111 be considered as stationed at the field 0ff11:e and tFteir salaries paid for th.3t portion of t_1-i�ir time spi?nt on th,iS lJark. Con+r ir_tor' Fnr-5ann.31. lnc1.uJewj.-thcut limiting goner ;1ity of s..nn,-! projects; in_,n i,J �r. su►,� rintendon ts an11 _ assistant enaineers artcl assist ant elllin?-?rs clerks. Job accou-,.tDnta. t3.nl,_I(t?ep,?rs. watcrrr'S-,TI, ,;ecr?tirv.. CQ=t e=timitor_.. e*r-, at th field office. 8.1.E Cost of contrihu+_:ons. assesSm►'n't.C.- Or taxes for SLICrt i tc=1n "as Uri cc1mpIoymon-t c o m P e n at ion and social 110 1 `C.' t• security. insot:3r as such cost is based an waaes, saInriesr rir other renumer3tion paid to employees of the Contractor And included in the Cost of the Wark under Subparagraphs P.1.1 4nd • 8.1.2. S.1.4 The proportion. of reasonable transportation, traveling and hotel expenses of the Contractor or of his officers or employees incurred in discharge of duties 3 connected with the Work. ' S.1.5 Cost of all materials. supplies and _ equipment incorporated in the Workp including costs b; transportation thereof. _ S.1.E, Payments made by the Contractor to Subcontractors for Work performed pursuant to subcontracts under this Anr-2ement. S.1.7 Costp including transportation and. maintenancey of- all materials, Supplies. equipment, tE-T-11Or:3ry facilities .and hand tools not own-�d by tie worl,mrn. which a -% consumed in the per- ormance of- tfio Wcrk, and cost less s.al :,aoe value on such items used but not consumed which retiiai.n tho property of The Can -tractor. S.l.S, Rental charges of all necessary m.:ichi.rie-y and equipn:-nY, exclusive of h::ind tools. used at the sits' of th,7 1 . according to established policy ofthe Contractor? including welfare and other benefit,. 3 including losses an3 explenses caused by fault or neglect of anv suLcon,.r3ctor and./or material suppler. 0 1 Work. whothr r rente from the, Cantr actor or c, ch?rs. inc Wdi.ng • installation, minor repairs and rep l•acern��nts. dismant1ino removal, tran;pnrt-ation and del ivery costs thereofa+ rental. charges consistent with those pr► vjiling in the area. S.1.'? Cost of premiinums for all bonds and insurance which the Contractor is required by the Cot1+r.4,4dt Documents to purchase and maintain. 8. 1. 10 Sales. use or similar takes . rel..nt_ed to the Work and for which the Contractor is liable, imposed by an,/ go%,ornmental authority. 8.1.11 Permit fees. royalties. damages for infringement of patents and costs of defending suits therefor? and deposits lost far causes othjzr than the Contractor 's 2 nee igtnce. . 8.1.12 Losses and expensesr not compensated by insurance or cih r•wise. SUStair-ed by the Contracti-Dr connection wi-th the W 0 r pro,,�ided they have resulted frain causes Oth►_'r tharl th,� fclt or n9 l.CC? 01 the COrltrJt trr, v��i:h► losses shi_yi i iric iuC,e settlements mad: with the wr itten consent and approv•a1. of- the ► ,4n.'r. NO 5UCh 10S:.r?= and expen--:eS Shj311. be included ill t h o Cos c of- the Work for the p u r p n ; e of deI:ernl:.rilrl_J trie Contrac' Ur s F*-e If how,2-.'er+ such a I recon,:tr► ction and the Ccin'Cr_3ctor is pI aced in choir".e thr-r.:of. he stiall be paid for his services a- Fee pror"-)rtion_lte to that st,-_AT?d in Paragraph ,.1. _ ------------------- arisIti,i ►3►1t of th•? r•'>ponsici lltles of thce—Archi.+ cts iwhich► Coats S h 3 1 b:- u p c n owner ar.d Architects, as the 'case m_ ., u%_ . :I 1 -s..m,..c ten-- ..?�i[ i„•y. ..�,.... �r.r. , ,. ,�,. _ _ __ sw.,.,,.-_,........_.......�.�_ 8.1..E Minor e -,mars such a te3.?gr.=,ris 1on'l • distance call:. telephone service _lt the site, pxprVs)s.11.1 . and similar petty cash item, in connection with the Wor' I.' 2.1.14 Comet of removal of all dobris. S.1.la Costs incurred clue to an emergOnCy affecting the safety of persons and property. 8.1.1t. Othter costs incurred in the performance of the Work if and to the extent approved in afjvance in writing by the Owner. _ 8.1.17 Nothing in article SJ shall. be construed as superseding or limiting provisions of the Rider relating to use of proceeds recovered under applicable Builder's Risk or other insurance coverage or which may brr reimbursable to Contractor under Risk oi- Los-s provi ,ion 5.1..1 General Superintendents. Construction Executives, Expediters and Supervising Accountants. whale p-l. rt time? services are requlrend for the Word:. shall be cons J. der r4,1 as stationed at the fic-lo office anti their salaries paid for such part of th_ir time as may be devoted to the Work. 2.1.19 When the prep-_.r.atiori or .an71.ysj.s of schedules. m,tc!ri.a1 lists. sharp dr.--jw4na. worP.ing det_�i.l.s, periodic cn. stu.ies and similar servic-s necessary to de4inf.•? tho work. an 1 canTroj its coast and progros—. a r o perform-7d by employees Inc-4v�:.d - r• i.n the Con rectos main a re(iul_irly estab! isrif--d V.r.-ini_h of+-icei. tho ot-- empl.oyp:es dir,r-ct1;. engaged i) such shall be charged for.'•suct-, part of- theJ.r tim.= as may Le +��_vOTr_ 1 to the work. to_ieth-r with an a1.1owance -4- � . equal to fifty perc .t of such salaries �o cover office . ' expenses incident thereto. S.l.2D Whenever the Contract Documents St--Ite - that the Contractor shall perFarm any work or incur any expense' it shall be understood to mean in the absence o; specific lan3uage to the contrary in thi's Agreement, that the cost thereof shall be included in the Cost of the Work paya�le by the Owner. .' -- E3.1.21 Reference to fault or:, negligence of � ' Contractor as used herein pertains solely to the Contractor /s fault or negligence in performance of Work under this Contractv and is in no manner related or to be construed as relating to � an" alleged fault or negligence o� Contractor under any other Contract with the City on thIs Project. ' 8.1.2-2 Costs of providing Contractor's emplo�ee _ parking as deemed necessary by the Contractor. ' B.l.2-� Salaries or other ccnpensation of Turnkey - ' - [)eveloPrnent`s employees at the princiFal _ �^/�field. _ ral operating exrens�es of Turnkey Development pri,ncipal and/or field off ice. . 8.l.2S Salaries of the construc-tion moT-.ager's - � -- empluyecs wh�n sta-Lior,e,j ar tno principal - field office, emees enoao --d on the roa'/ in expedj�inq thp productIon or transperta�iaon o-F de--i[ins, rnaterialand�or -�v equiproenFar purPc, % i?s of this Ar!roh-~nt, construc+iur- e xecuLives, escimntorsciling, and pur'h�sing engineprs, evped/to's an4 super'/isin� accountants, whosp part servjce� er'` - �or, th.? Work. stall be paid for such part of thoir � ' i' � . ' ^^ . - . . _ time as may be devoted to the Work. When the Preparation or analysis of schedule material lists; shoo drawings, Worming details? periodic Cost studies and similar services necessary to supervise the Pro.i'ect. the salaries of employee's directly enghgod in such duties shall be charged for such part of their time as may be devoted to they Project. .. S.1.20 Turnkey Development's cost for all. employee benefits and taxes for such items as unymplo m}n+ compensation and social security. insofar as such cost is based on wages, salaries, or other renumeraticn paid to employeeo of the Turnkey Development. 8.1.27 Costs of all m7te'rialsy supplies and equipment required for the performance of Turnkey Development servicesr as defined in the Turnkey Agreement! including costs of transportation and storage thereof. 8.1.2S The proportion of reasonable, transportation. traveling! moving and hotel expense: of thn, officers or emoloy ez of Turnkey De alopment, incurred in discharge of duties connacta : with thq Pro Qct. 2.1.20 Coots incurred by the construction Trl_i'lager for permit fees, licen e y test°+. royaltie dafila'_io•.' for infrin' ewQnt of paton:, and costs of defending suit, th reior'f and dopeslts lost for causes otharthan e- Development s rig= li enoe or as a result of any action on its part. -. 8.100 Losses. expne es or dafaAQs to the extent Not cUmPansated by insurance or otherwise (inc luting settlement 1. ' L ws- . 8p-85b l made with thca wi :ten approval of the C., ty!. inci.�rr:?d by Turnkey, Development in the perform:�ance of this AIrerment. S.1.31 The cost of- corrective u-jor!< undertaken by Turnkey Development. 8.1.3,8 Costs incurred by Turnkey Development for emegency mea-_urc•s taken to insure safety of persons and property. 8.1..33 Costs incurred by Turnkey QevelortTfian-i: for legal services resulting from prosecution',af ,the Project including negotiation of contracts and agreements including this agreement. 8.1. )4 Costs incurred by the construction manager for data processing services as required. S.1.3)1• Cost o the premiums for all insurance which Turnkey Development procures. 8'.1.3• Hales. use. -cross receipts or similar taxes -related to t•hzEFro iect imposed by any 9ov: rnmenta1. author i ty . S. 1.37 Such ot.her mincer and misrF,? 1.aniea:C-, expenses as m.-iy be incurred by Turnkey Dev•-1opment f=or such _ i :vms as loT^.•l dist3nr e teij-tf - c alJs\ tr1e=rJmr. _xpr o-_�n_a,? telephoriD ;er•; icce an 1 simil:Ir panty cash items in connoc:+ion wit! - t11e Fro ici:. L.1..=':" A11 third par —/ p­�)ymc-,nts rel.atin;a tc) tho Project. \ — `* 1 • .. . .... .w..+-n.emv.min P+ 1wma.nsm 4..-to-wµ..p *M•arM�T'+••'••'•mv.an «n a..w�++ eMnww+o•es•.r.w'm.n....+++e++ew•w+...w. vsr. u.. ....