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02-26-2009 Workshop 19200 West Countrv Clllh Drive A ventura FI, City Commission Workshop Meeting February 26, 2009 9A.M, Executive Conference Room The City of Aventura (j---- ., ~.. .' "''t.,..., ..~lp." AGENDA 1. Arts and Cultural Center Phase /I GMP (City Manager)* Future Action Required: Resolution 2. Adjournment * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: February 25, 2009 TO: City Commission FROM: Eric M. Soroka, City Manager, ICMA-CM, City SUBJECT: Resolution Authorizing Execution of Amendment No. 1 to the Agreement for Construction Management Services with Suffolk Construction Company, Inc, for Phase II - Arts & Cultural Center Project March 3, 2009 City Commission Meeting Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which authorizes the execution of the Amendment No. 1 to the Agreement for Construction Management Services (CMS) with a Guaranteed Maximum Price (GMP) for Phase II relative to the Arts & Cultural Center project with Suffolk Construction Company, Inc. Phase I included only demolition, site clearing, temporary fencing and utility relocation. The GMP for Phase II has been established at $6,800,000. BACKGROUND As previously authorized, the City Administration has been negotiating the GMP for Phase II of the Arts & Cultural Center project with Suffolk Construction Company, Inc. Our goal has been to obtain the lowest possible cost while at the same time protect the integrity of the building design and finishes previously reviewed by the City Commission. We have spent a great deal of time reviewing the project in detail with the contractor and architect to accomplish this goal. Most recently representatives from the Performing Arts Center Authority reviewed the plans as well and made a series of constructive recommendations that in some cases resulted in a cost savings to the project and in other cases added equipment that will allow the facility to be fully functional for all types of performing arts when it opens. The value engineering process also resulted in cost savings to the project. The major changes from the previous design was the elimination of the windows along the eastern portion of the theater, the elimination of the outside canopy system and the sound baffle system was modified with less expensive material. Page 2 The Phase II negotiated GMP is $6,800,000. I am please to inform the City Commission that based on the efforts of all parties, the agreed upon amount will provide a fully functional Arts and Cultural Center that can accommodate all forms of performing arts from the day it opens. Therefore major upgrades or additions would not be required in the future as we originally anticipated. The amount budgeted for this project requires an additional $363,598 to fund the GMP. The 2008/09 budget for this project included funding in the amount of $350,000 from the proceeds of the sale of the City owned property on Biscayne Boulevard. As previously reported due to the current economic climate and the decline in property values, the buyer is attempting to renegotiate the sales price. The previous sale price was $1,500,000. An updated appraisal is in process. When the appraisal is complete we will meet with buyer to negotiate a new agreement. Therefore, it is recommended that the additional funding from the land sale be designated to fund the difference in the budgeted amount. It is important to note that based on the Construction Management Services Agreement, in the event the project is completed at a cost less the established GMP, the City would receive any amounts unspent in the established contingency account plus the first $50,000 in savings and for any amount above that figure it would be split City - 70% and Construction Manager - 30%. In addition, the Phase II Amendment includes an option that will allow the City to accept a Letter of Credit from the contractor in lieu of a Performance Bond that could result in a cost savings of $45,000. I would like to commend Suffolk Construction Company, Inc for their efforts, including reducing their construction management fee to 4.5%, to negotiate a GMP that represents a very reasonable figure. In light of the current economic environment, constructing this project at this time also assisting in developing a reasonable GMP. The scheduled completion date for the Arts & Cultural Center is April 25, 2010. I feel confident that when complete the Arts and Cultural Center will be a facility that our residents will be proud of and provide a needed venue for performing arts for all age groups. Should you have any questions, please feel free to contact me. EMS RESOLUTION NO. 2009-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO. 1 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (SUFFOLK CONSTRUCTION COMPANY, INC.) FOR THE CONSTRUCTION OF THE ARTS & CULTURAL CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE II AT $6,800,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has negotiated Amendment No. 1 to Agreement for Construction Management Services and the establishment of the Guaranteed Maximum Price for Phase II; and WHEREAS, the City Commission, upon review, wishes to authorize the City Manager to execute Amendment No. 1 to the Agreement for Construction Management Services and establish the Guaranteed Maximum Price for Phase II with Suffolk Construction Company, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2009-_ Page 2 Section 1. The City Commission hereby authorizes the City Manager to execute the attached Amendment No. 1 to the Agreement for Construction Management Services between Owner (City of Aventura) and Construction Manager (Suffolk Construction Company, Inc.) for the construction of the Arts & Cultural Center Project Phase II. Section 2. The Guaranteed Maximum Price for Phase II as outlined in the attached document, for construction of Phase II of the Arts & Cultural Center Project has been established at $6,800,000. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2009- Page 3 PASSED AND ADOPTED this 3rd day of March, 2009. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SUSAN GOTTLIEB, MAYOR SUFFOLK A VENTURA ARTS & CULTURAL CENTER PRElIMINARY CJMP..sUMMARY lEVEl AVENTURA, flORIDA PHASE 2 BUIlDING February 25, 2009 Firat Floor Mezzanine Gron Building Araa 14,185 879 15,064 03300 - Concrete WoO< 2.17 345 $58.44 In Concrete 5980 5.62 $150 902 $10.02 $4 966 $0.33 144 355 $9.58 5929 1.72 165 025 $10.95 5665 $5.02 1692 .11 $346 031 $22.97 04200 - M VVork 05100 - Structuraf Steel 05500 - Metal Fabrications 08100 - Doors Frames & Hardware 08330 - CoiIi Doors and Grlnes 0&410 . Aluminum Entrances Storefronts VVlndowt & Glazin nt n 1 ??oo - 10200 . Louvers $2.00 $0.55 $0.17 18.22 16;62 14.16 000 000 .40 .13 Page 1012 MCC Draft GMP For Contract 2-25-09.xls SUFFOLK AVENTURA ARTS & CULTURAL CENTER PRELIMINARY GMP..sUMMARY LEVEL AVENTURA, FLORIDA PHASE 2 BUILDING February 25, 2009 First Floor Mezzanine Gross Building A..... 14,185 879 15,064 12610 - Fixed Audience Seetin $112 216 $7.45 13000 - S . Construction Decorative Aluminum and Fabric Can 14420 - Wheelchair Lift 20 000 $1.33 $107800 $173 157 $642718 $41.15 $5,682,9031 $377.251 15300 - Fire Protection 15400 - Plumbi 15500 - HVAC 16000 - ISUBTOTA1.. DIRECT COSTS General Conditions 427.478 $28.38 Labor Burden 165 495 $10.99 Insurances 75.000 $4.98 Performance & Pavment Bond 50 630 S3.36 BuHder'a Risk & Insurance & Deductib1e8 Bv Owner BulIdlna Permit BY OWner T Remote PaJ1dng 90 000 $5.97 (2.5%) 142 073 $9.43 15aIeS 1 ax (56,829) ($3.11) ICONSTRUcnoN COSTS WITHOUT CM FEE $8,578,750 $436.59 $223.251 ~ $8,8OO,OOO~ $14.821 $451.41~ ICon8trucUon Manager F.. ITOTAL CONSTRUCTION COSTS MCC Draft GMP For Contract 2-25-09.xla Page 2 of 2