HomeMy WebLinkAboutR-88-0046J-88-35
11 23 81 ,
'e--�
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
FULLER & SADAO, P.C., IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, INCREASING THE TOTAL FEES
TO BE PAID BY THE CITY BY $153,000 TO A TOTAL
OF $1,234,9509 WITH FUNDS FOR THE INCREASE TO
BE PROVIDED FROM $1539000 IN PRIVATE
DONATIONS RECEIVED PREVIOUSLY BY THE CITY
FROM THE NEW WORLD CENTER FOUNDATION AND
APPROPRIATED TO CIP PROJECTS 331302-026132-
788, 331305-026132-788, AND 331306-026132-
788; ALL BAYFRONT PARK REDEVELOPMENT
PROJECTS.
WHEREAS, the Consultants on the Bayfront Park Redevelopment,
Fuller & Sadao, P.C., have requested additional design fees to
compensate them for the time -related additional expenses caused
by the unforeseen length of time the project has taken because of
funding delays by the City, and for the additional costs caused
by the fractionalization of the project into phases; and
WHEREAS, the Project Coordinator and the City Manager have
received the request of the Consultants and determined that their
request for additional compensation for the reasons stated are
justified; and
WHEREAS, the Project Coordinator and the Director of the
Department of Development have met with the Consultants and
agreed upon additional compensation in the amount of $153,000;
and
WHEREAS, $153,000 in the form of a private donation from the
New World Center Foundation, and already appropriated to Bayfront
Park Redevelopment projects, is available to fund the increase;
and
WHEREAS, the Executive Director of the New World Center
Foundation has agreed to the use of the donation for the payment
of additional fees to the Consultants;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
JAN 141988
3N No. 138-4
1�;
Section 1. The City Manager is hereby authorized to execute
an Amendment to the Agreement, dated January 19, 1982, between
the City of Miami and Fuller A Sadao, P.C. for an increase in the
total fees to be paid to the Consultants of $153,000.
Section 2. Funds for the aforementioned increase of
$153,000 are to be provided by the $153,000 donation to the
Bayfront Park Redevelopment received from the New World Center
Foundation and appropriated to CIP projects 331302-026132-788,
331305-026132-788, and 331306-026132-788.
PASSED AND ADOPTED this 14th day of January ,
1988.
��..M6 .
XAVIER L. SUAR MAYOR
AT
TERXTTr-HIRA19 CITY CLERK
t000'�— —
PLANNING REVIEW:
/JF0
NGDEPARTMENT
PREPARED AND APPROVED BY:
ee::��
CHIEF DEPUTY CITY ATTORNEY
FINANCE REVIEW:
z
FINANN DEPARTMENT
BUDGETARY REVIEW:
A'm
��
MANAGEMENT AND BQJWT DEPARTMENT
CITY ATTORNEY
-2- fl8-4b
2
CITY OF MIAMI. FLORIDA
12
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
FROM. Cesar Odio
City Manager
RECOMMENDATION:
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
jAN 51988 FOIE: B-3205
BAYFRONT PARK REDEVELOPMENT
Resolution authorizing
the City Manager to
execute an amendment to
the Agreement with
Consultants
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
amendment to the Agreement with Fuller and Sadao, P.C., in a form
acceptable to the City Attorney, increasing the total fees to be
paid by the City by $153,000 to a total of $1,234,950; with the
funds for the increase to be provided from $153,000 in private
donations received previously by the City from the New World
Center Foundation. The $153,000 is appropriated to CIP Project
No. 331302, 331305, and 331306; all Bayfront Park Redevelopment
projects.
BACKGROUND:
Fuller and Sadao, P.C., the consultants on the Bayfront Park
Redevelopment, have requested additional fees because of time
related additional costs to them caused by the length of time the
project has been ongoing and for the additional expense of
— preparing plans and specifications for the work to be done in
phases. The Project Coordinator and the City Manager have
reviewed their request and have determined that additional
compensation is in order.
The Project Coordinator and the Director of the Department of
Development have met with the consultants and have agreed upon
additional compensation in the amount of $153,000 as being fair
and reasonable.
Funds to be used for the increase are available from the $153,000
donation already received by the City from the New World Center
Foundation and appropriated to Bayfront Park Redevelopment
projects. The Executive Director of the Foundation has approved
the use of the funds for the additional design fees.
Attachments:
Proposed Resolution
Proposed Amendment
/2 -1
98-46
AMENDMENT VI
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT, made this day of , 198 ,
by and between the City of Miami, a municipal corporation of the
State of Florida, (hereinafter referred to as the "CITY",) and
Fuller & Sadao, P.C., a for profit corporation of the State of
New York (hereinafter referred to as the "PRINCIPAL").
RECITAL
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, 1961, to provide professional and
technical services for the Redevelopment of Bayfront Park; and
;IHERLAS, the Agreement between the City and Fuller and
Sadao, P.C., was amended by Amendment I dated March 16, 1982, in
order to expand the project area and to accommodate the revised
master plan for Bayfront Park; and
WHEREAS, the Agreement between the City and fuller and
=I. Sadao, P.C., was further amended by Amendment II dated 29, 1982
—1
j as authorized by Resolution No. 62-380, dated May 11, 1982, in
order to more specifically define and identify the P y y project and
its special elements, and to revise the fee structure for
services to be rendered; and
WHEREAS, Resolution No. 82-380, conditionally authorized the
City Manager to expend up to $270,500 for the fees (50% of the
negotiated fee of 4541,00) for professional and technical
services related to additional phases of the work by Fuller and
Sadao, P.C.; and
WHEREAS, by Resolution No. 83-320 adopted on April 6, 1983,
the City Manager was authorized to execute Amendment III to the
Agreement dated January 19, 1982, with Fuller and Sadao, P.C. and
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, but was not authorized to implement
Amendment li and to expend the remaining $270,500 (50% of the
negotiated fee of $541,000); and
WHEREAS, by Resolution No. 65-46, adopted on January 10,
1985, Resolution No. 83-320 adopted April 6, 1983 was
effectuated, authorizing the City Manager to fully implement
Amendment Ill by the expenditure of an amount not to Exceed
$104,950, and furUier authorizing the City Manager to fully
implement Amendment II to said Agreement dated January 19, 1982
by the expenditure of an amount not to exceed $270,500 which is
the remaining cost of said Amendment 11, and further authorizing
the City Manager to expend a sum not to exceed $36,000 for the
cost of Special Consultants required under said Amendment 1II as
set fortis in said Resolution 63-320; and
WHEREAS, by Resolution No. 85-934, on September 12, 1985,
the City Manager was authorized to execute Amendment TV, in a
form acceptable to the City attorney, and was further authorized
to expend $375,000 for the cost of said Amendment 1V providing
for $2U2,006 in additional fees for the Principal; $156,927 in
additional fees for Special Consultants and $16,067 as a
contingency fund for design related costs; and
WHEREAS, the authorization established by Resolution No. 82-
380, on May 111 1982 was conditioned upon the hiring of a
minority owned business firm, whose annual net earnings were less
than $250,000, by Fuller & Sadao, P.C. to perform 20% of the
technical and professional services in connection with the
funding authorized through that Amendment; and
WHEREAS, Resolution No. 82-671, passed July 22, 1982,
amended Section 3 of Resolution No. 82-360, by establishing that
said 20% Minority Participation be comprised of 1U% Black and 10%
Hispanic Minority Participation; and
WHEREAS, at the City Corimission at their Meeting of July 23,
1987 further clarified their intent that said 20% Minority
Participation requirement shall apply to all past, current and
future technical and professional services for the Bayfront Park
Redevelopment Project; and
�t3-46
WHEREAS, by Resolution No. 68- adopted January 14th
1988 by the City Commission, the City Manager was authorized to
execute Amendment V of the AGREEMENT to provide the
aforementioned minority participation requirements;
NOW THEREFORE, the parties agree to amend the AGREEMENT as
follows:
2. SECTION I - GENERAL: Amend Subsection F as follows: F. The CITY hereby budgets the amount of $1, 234, 950.00 for —
the AGREEMENT. This amount includes the following:
IA. $1,216,683 for professional and technical services
including:
a. $1,00U,956 to cover the FEE for the PRINCIPAL.
b. $217,927 to cover the costs of SPECIAL CONSULTANTS
1B. $16,067 as a CONTlNGE14CY FUND as defined herein.
4. SECTION I - GENERAL: Amend Subsection H as follows:
H. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
services rendered, as outlined in SECTION 11 - PROFESSIONAL
SERVICES hereof, the FEES of ONE MILLION NINE HUNDRED AND FIFTY-
SIX DOLLARS ($1,00U,956).
IT IS FURTHER UNDERSTOOD THAT ALL OTHER CONDITIONS OUTLINED
UNDER THE -ORIGINAL AGREEMENT, AS AMENDED, REMAIN IN FULL FORCE -
AND EFFECT WITHOUT MODIFICATION.
IN WiT14ESS WHLkEOF the parties hereto nave, through their
proper corporate officials, execute this Agreement, the day and
year first set forth:
ATTEST: PRINCLVAL: Fuller & Sadao, PC.
Sec. of the Corporation �+
Witness
Witness
ATTjr►ST:
Matty Hirai, City Clerk
t'.
President of the Corporation
(signature and seal)
THE CITY OF MiAMI (a Municipal
Corporation of the State of
Florida
Cesar H. Udio, City Manager
APPROVED AS TO FORM AND
CORRECTNESS
Lucia Dougherty, City Attorney
1313-46