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2002-24735 Reso RESOLUTION NO. 2002-2473~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FORMALLY WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS WITH RESPECT TO PROSECUTING THE REMAINING WORK AND TO DILIGENTLY COMPLETE THE BASS MUSEUM EXPANSION AND RENOVATION PROJECT; SPECIFICALLY, WITH REGARD TO OUTSTANDING REPAIRS TO THE FACILITY; FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AUTHORIZING THE CITY MANAGER TO SELECT, NEGOTIATE, AWARD AND EXECUTE ANY AND ALL CONTRACTS, PURCHASE ORDERS AND CHANGE ORDERS, AS NECESSARY, RELATIVE TO THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES NECESSARY FOR THE COMPLETION OF THE REMAINING REPAIR WORK ON THE PROJECT, PROVIDED THAT SUCH CONTRACTS, PURCHASE ORDERS, CHANGE ORDERS, AND ANY OTHER DOCUMENTS, SHALL NOT EXCEED $160,000 IN COST AND SHALL CONTAIN THOSE MINIMUM TERMS AND CONDITIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, Heating, Ventilating and Air Conditioning (HVAC) conditions at the Bass Museum were evaluated by SC&P, Johnson Controls, Inc, (Johnson), and by the City's Program Manager, URS, Inc. (URS), because the system as installed is not maintaining the required temperature and relative humidity; and WHEREAS, corrections and adjustments were made to the HVAC system and the controls in order to improve the building space environment conditions but, the inconsistent performance of the overall system continues and additional corrections must be performed in order to obtain proper space environmental levels within some areas of the building; and WHEREAS, SC&P and URS do not recommend the addition of a humidification system in view of the fact that humidity levels in the South Florida area are generally acceptable for the conditions required in an art museum, and for those rare and far between periods when humidity levels may be too low, both consultants recommend having on hand portable, humidifying units, which can be utilized on a temporary basis; and WHEREAS, the City has entered into an Agreement with DDC Controls, for a not to exceed amount of $13,000, which will be funded by the previously appropriated $100,000 approved by the Mayor and City Commission on October 17, 2001; and WHEREAS, the additional outstanding repair work which was previously intended to be performed by the City's Property Management Division, including drywall and ceiling repairs and replacements, the installation of a floor drain at the Third Floor Mechanical Room, the addition of the new AlC unit at the Loading Dock area and the necessary ductwork modifications, will now be subcontracted due to the Division's current extensive workload; and WHEREAS, although, as noted above, URS and SC&P have not recommended the installation of permanent humidifiers to the HVAC system, the Bass Museum staff strongly recommends inclusion of the units; and WHEREAS, the cost of adding these units is about $60,000 and it is recommended that funds be appropriated for this purpose from those available from Convention Development Tax; and WHEREAS, the Administration intends to obtain proposals from some of the contractors currently doing work for the City and contract with one to complete the outstanding repair work; and WHEREAS, the Administration is now requesting an additional appropriation of $60,000 in Convention Development Tax, in order to expedite the completion of the repair installations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. 1he Mayor and City Commission formally waive, by 517ths vote, the competitive bidding requirements with respect to prosecuting the remaining work and to diligently complete the Bass Museum Expansion and Renovation Project; specifically, with regard to outstanding repairs to the facility; finding such waiver to be in the best interest of the City. 2. The City Manager is authorized to select, negotiate, award and execute any and all contracts, purchase orders and change orders, as necessary, relative to the purchase of all necessary goods and services necessary for the completion of the remaining repair work on the Project, provided that such contracts, purchase orders, change orders, and any other documents, shall not exceed $160,000 in cost. 3. All documents referenced herein shall be reviewed by the appropriate members of the Administration and City Attorney's Office prior to execution and shall contain, at a minimum, the following terms and conditions: a) Time of completion of the work in question, b) Fees, costs, and other charges to the City. All fees and costs negotiated should be competitive with fees and charges for similar work in the South Florida area, c) Appropriate provisions addressing insurance requirements (naming the City as an additional insured) indemnification and hold harmless in favor of the City, and payment and performance bonds. d) All scope of services and/or work shall be prepared in conjunction with and reviewed by the Administration 4. All contracts, agreements, purchase orders, and change orders over $25,000 shall be executed by the Mayor and City Clerk, and shall be ratified by the Mayor and City Commission at its next available meeting. PASSED and ADOPTED this 30th day of January, 2002. ATTEST: ~f~ CITY CLERK F:\WORK\$ALL\chartrandIBass Museum\Waiver Reso.doc Resolution No. 2002-24736 ~-oL r,.... CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ .......... Condensed Title: Resolution of the Mayor and City Commission formally waiving by 5/7ths vote competitive bidding requirements with respect to prosecuting the remaining work at the Bass Museum Expansion and Renovation project. Issue: Additional corrective work to the Air Conditioning system and other small installations are necessary to closeout the Bass Museum project. The current contractor and sub-contractors are not interested in performing the work, creating the need to hire another contractor. Item Summary/Recommendation: The Adm inistration recom mends contracting separately for the additional corrective work. and requests the Mayor and City Commission waive the standard bidding requirements in order to expedite the performance of the work, The City also requests appropriation of additional funds, in the amount of $60,000 from Convention Development Tax. Advisory Board Recommendation: IN/A Financial Information: Amount to be expended: Source of Funds: I~J AGENDA ITEM DATE f?7F 1-30-0).... CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 Mayor David Dermer and DATE: January 30,2002 Members of the City Commission Jorge M. Gonzalez ~ . .~ City Manager ()~ a A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FORMALLY WAIVING, BY snTHS VOTE, WITHOUT FURTHER APPROVAL AND RATIFICATION BY THE MAYOR AND CITY COMMISSION, THE COMPETITIVE BIDDING REQUIREMENTS WITH RESPECT TO PROSECUTING THE REMAINING WORK AND TO DILIGENTLY COMPLETE THE BASS MUSEUM EXPANSION AND RENOVATION PROJECT; FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AUTHORIZING THE CITY MANAGER, TO SELECT, NEGOTIATE, AND AWARD ANY AND ALL CONTRACTS, PURCHASE ORDERS AND CHANGE ORDERS, AS NECESSARY, RELATIVE TO THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES NECESSARY FOR THE COMPLETION OF THE REMAINING WORK ON THE PROJECT, PROVIDED THAT SUCH CONTRACTS, PURCHASE ORDERS, CHANGE ORDERS, AND ANY OTHER DOCUMENTS, SHALL NOT EXCEED $160,000 IN COST AND SHALL BE SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CURRENT CONSTRUCTION CONTRACT WITH DANVILLE-FINDORFF INC. (CONTRACTOR). AND FURTHER APPROPRIATING $60,000 FROM CONVENTION DEVELOPMENT TAX. ADMINISTRATION RECOMMENDATION: TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. Adopt the Resolution. FUNDING: Funding is available from a previously appropriated amount of $100,000 from the Convention Development Tax. An additional $60,000 is available for appropriation from Convention Development Tax. ANALYSIS: On March 26, 1995, the City entered into an Agreement with the firms of Spillis Candela & Partners (SC &P) and Arata Isozaki and Associates (Isozaki) for architectural and engineering services for the Expansion and Renovation of the Bass Museum of Art (the Project). On December 3, 1997, the Mayor and City Commission approved award of a construction contract to Danville-Findorff, Inc. (DFI). Notice to Proceed with construction of the project was given on February 5, 1998 with construction expected to last twenty months. Commission Memorandum January 30, 2002 Bass Museum Page 2 The project itself consisted of two distinct building sections. The first is the existing facility, or original building, and the second is the construction of a new building. The original building portion of the project is primarily a renovation project including a new roof and replacement of the heating, ventilating, and air conditioning (HVAC) system. The new building consisted of new construction. Both buildings received substantial completion certification in September 2000. Final completion has not been certified because of significant problems with the HVAC system maintaining required temperature and humidity levels, as well as problems with leaks in the roof and skylight areas of the facility. The roof leaks have been corrected, the installation accepted and the warranty obtained. A number of different consultants reviewed the issues with the HVAC system, hired either by the contractor or the AlE consultant. Although recommendations were made and implemented, the HVAC system continued to not maintain required temperature and humidity levels. As a result, the City asked its Program Manager for facilities, URS Corporation (URS), to examine the HVAC issues and recommend a solution. Additionally, an independent consulting and test and balance engineering firm, GFS Consulting, Inc. (GFS), was retained by and at the cost of SC&P to assist in the evaluation of all installations as well as the design. Costs for previous corrections and evaluations were borne by SC&P and DFI under their contract responsibilities. The URS recommendations consisted of the installation of a new air conditioning unit at the building Loading Dock area in order to separate this space from the Art Collection Storage Room. The ductwork for the existing unit serving the Art Collection Storage Room will be reconfigured to serve this room only and separated from the Loading Dock below in order to obtain better control of the humidity and temperature levels. Existing ductwork at the Loading Dock Area will be modified to serve this area only and be separated from the Art Collection Room. The unit to be used will be the unit furnished initially for the museum's staff offices, which was replaced by a larger unit. DFI will furnish the unit, which is currently in storage. Both URS and SC&P recommended that several control sensors currently located within the return air ducts be relocated to a location near the hygrothermographs for each particular space. This would provide a more effective and efficient operation of the HVAC units and a faster reaction to environmental conditions within the museum spaces. Finally, the Building Energy Management System (BMS) was to be re-programmed to allow the HV AC units to operate on humidity and temperature priority rather than on temperature priority as currently installed. The sensing devices as designed, primarily recognize temperature conditions and do not place any priority on the equally important humidity control. The unit internal sensor adjustments and the controls re-programming will allow the HVAC system to provide both temperature and humidity conditioning under any external or internal environmental situation. Commission Memorandum January 30, 2002 Bass Museum Page 3 URS and SC&P did not recommend wholesale changes to the overall HVAC system. They also did not recommend the addition of a humidification system in view of the fact that humidity levels in the South Florida area are generally acceptable for the conditions required in an art museum. For those rare and far between periods when humidity levels may be too low, both consultants recommend having on hand portable, humidifying units, which can be utilized on a temporary basis, The cost of these temporary humidification units, which can be obtained at the retail level by the City, is estimated at +/- $5,000. Re-programming the operation of the building's exhaust fans in order to control the introduction of dry outside air during the short periods of dryness will also be implemented. Neither OFI nor their subcontractors want to participate in performing the adjustments to the HV AC system and the related work. Therefore, the City has entered into an Agreement with DOC Controls to perform the modifications to the sensors, the installation of the new controls and the re-programming of the BMS, The Agreement with DOC is for a not exceed amount of $13,000 and will be funded by the previously appropriated $100,000 approved by the Mayor and City Commission on October 17, 2001. This work has already been scheduled and is currently in progress. The additional work, which was previously intended to be performed by the City's Property Management Division, will now be subcontracted due to their current extensive workload. This work includes drywall and ceiling repairs and replacements, the installation of a floor drain at the Third Floor mechanical Room, the addition of the new AlC unit at the Loading Dock area and the necessary ductwork modifications. The funding for this work is also expected to come from the previously appropriated amount. Although, as noted above, URS and SC&P have not recommended the installation of permanent humidifiers to the HV AC system, the Bass Museum staff strongly recommends inclusion ofthe units. Museum staff has provided research in support of their position and have presented this research to the Bass Board of Trustees. While URS and SC&P have not necessarily recommended the permanent humidifiers, given the ongoing construction challenges this project has encountered, the Administration's desire is to ensure the success of the corrective action and it is deemed that the permanent humidifiers will provide said assurance. The cost of adding these units is about $60,000 and it is recommended that funds be appropriated for this purpose. Funding is available in Convention Development Tax funds. The Administration is now requesting a waiver of competitive bidding for the small amount of corrective work remaining at the Bass Museum, due to the lack of cooperation from the existing contractor and in order to expedite the completion of the installations. The Administration intends to obtain proposals from some of the contractors currently doing work for the City and contract with one to complete the corrective work, Attached is a resolution of the Bass Museum Board of Trustees in support of this item. JMGlRCM/CMC/PDW/TH/JEChT:\AGENDA\2002\JAN3002\REGJLARlBassWaiverMemo.docAltachments RESOLUTION PASSED AT THE BASS MUSEUM TRUSTEE/FRIENDS' MEETING, JANUARY 18,2002 WHEREAS completion of the Bass Museum expansion construction project has been inordinately delayed, and whereas the delay has prevented the permanent reopening of the museum creating a crisis in confidence and continues to threaten public and private grants, and whereas the City reports that the problems have not been able to be effectively resolved through existing contractors, and whereas the City Manager has stated that he will personally oversee the status of needed work and will request [of the City Commission] waiver of competitive bidding to perform all necessary work on a expedited basis, be it resolved by the Board of Trustees and the Board of the Friends sitting jointly that they support all actions necessary to immediately complete the museum for opening without further delay.