99-23262 RESO Incomplete
RESOLUTION
99-23262
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.2 TO
THE AGREEMENT WITH THE ARCHITECTS PARTNERSHIP OF
BROWN & BROWN, IN THE AMOUNT OF $34,142, FOR ADDITIONAL
SERVICES ON THE ROOF REPAIRlREPLACEMENT PROJECT AT THE
MIAMI BEACH CONVENTION CENTER AND THE JACKIE GLEASON
THEATER OF THE PERFORMING ARTS; AND FURTHER
APPROPRIA TING THE FUNDING FROM THE GENERAL FUND
RESERVE FOR CAPITAL IMPROVEMENTS.
WHEREAS, on April 17, 1996, the Mayor and City Commission authorized Phase I of a
Professional Services Agreement (the Agreement) with The Architects Partnership of Brown &
Brown (Brown & Brown) for the testing and evaluation of the roofs at the Miami Beach Convention
Center and the Jackie Gleason Theater of the Performing Arts (the Project); and
WHEREAS, on July 8, 1996, the Agreement was executed between the City and Brown &
Brown, to develop construction documents for the repair/replacement of the roofs; and
WHEREAS, the findings of the Phase I report were presented to the City Commission on
June 18, 1997 at which time Brown & Brown was authorized to proceed with Phase II of the
Agreement and prepare bidding documents for the repair and/or replacement of the roofs based on
an estimated cost of $6,482,746; and
WHEREAS, construction bids were obtained and a recommendation for award to Weiss &
Woolrich Southern Enterprises Inc. (Weiss & Woolrich) in the amount of $7,245,000 was presented
to the City Commission on July 15, 1998; and
WHEREAS, the City Commission deferred action on this recommendation for award and
requested the appointment of a Blue Ribbon Committee to review the process and recommendation
to replace the roofs; and
WHEREAS, on November 4, 1998, the Mayor and City Commission as recommended by
the Blue Ribbon Committee, awarded a contract to Weiss & Woo1rich, in the amount of $7,245,000,
pursuant to Bid. No. 44-97/98, for the complete roof replacement at the Miami Beach Convention
Center and the Jackie Gleason Theater of the Performing Arts, (the Bid); and
WHEREAS, the Administration is now requesting approval of Amendment NO.2 to the
agreement with Brown & Brown in the total amount of$34, 142, which includes a basic service fee
increase of$22,867 and $11,275 for additional services; and
WHEREAS, in accordance with the terms of the agreement, the increase in the basic services
fee represents three percent (3%) of the excess of the construction contract amount of $7,245,000,
over the previously established estimate of $6,482,746, which was presented to the City Commission
on July 18, 1997, as part of the Phase I report recommendation; and
WHEREAS, the additional services include meetings and other work performed by Brown
& Brown during its participation in the Blue Ribbon Committee review process.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute Amendment No.2 to the
Agreement with the Architects Partnership of Brown & Brown, in the amount of $34,142, for
additional services on the roof repair/replacement project at the Miami Beach Convention Center and
the Jackie Gleason Theater of the Performing Arts; and further appropriating the funding from the
general fund reserve for capital improvements.
PASSED AND ADOPTED this 21st day of July, 1999.
W~
MAYOR
ATTEST:
~~ rM~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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the architects
partnership of
BROWN
&
BROWN
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11116/98
Mr. Julio Grave de Peralta, P.E.
Public Works Director
City of Miami Beach
Miami Beach, Florida
Re:
Additional Services Request:
City of Miami Beach Convention Center and TOP A
Repair and/or Roof Replacement Project
Mr. Grave de Peralta:
Our firm is submitting this additional invoice for Additional Sen.ices for u~e above
referenced project.
The Bids for this project were received by t.~e City of Miarni Beach on 4/21/98, our firm
reviewed the bids, discussed issues with your staff, as well as with Judith Ford's office
and the City's attorney. We responded to concerns and clarifications in meetings, in .
writing and in multiple meetings. All this ied to your starr making the recommendation to
a\vard on the City Commission ~leeting of July 1, 1998.
Brown aI1d Bro'v'vn's scope of\vprk under our Bidding and Negotiation Phase (we have
being paid in full through this phase) ended \Vith the July 1, 1998 City Commission
r-.leeting (Commission Memo 269-97).
From that point on our fj.rm was requested to embark into a whole new Scope crfWork
(obviously nOl: part of the regular Bidding and Negotiation Phase) in order to respond to
new issues raised by some citizens and in turn by the commission after all the effort to
successfully award "vas completed by your department and our office.
Part of this request "vas our participation in multiple meetings, including the Blue IYbbon
Committee where we had to spend an inordinate amount of time preparing and presenting
William F. Br-own. ..Jr.
architect;
Maida P. Brown
architect
Al"chiceccure . Incel"ior Design . Planning
360 Greco Avenue, Suiee 101 . COl"al Gables. Flol"ida 33146 . Phone: (305) 444-60S0 . Fax: (305) ~4S-454S
ATTAClWgNT #1 Page 1 of 3
the entire design process for re-evaluation (you and your staff had previously evaluated
same) and coordinate extensively with your staff, etc.
The project was finally approved for award at the last Commission Meeting, following
our original design, your department's original recommendation and based on the Blue
Ribbon Committee's recommendation which basically confinned the original proposal.
Brown and Brown has responded to your every need as well as the City Commission's
requests and we therefore request that our time for the additional work requested of us
beyond the standard scope of services be reimbursed.
We are including copies of our time spent as back-up to our request.
If you have any questions please do not hesitate to call.
Sincerely,
WI am F. Bro\Vn, Jr. Architect
The Architects Partnership of Brown and Brown
cc
Jorge Chartrand, Project Manager
ATTACHMENT #1 Page 2 of 3
'.IVil/iam F. Brown. ..Jr.
erchieece
189
Maida P. Brown
erchicecC
Architecture . Interior Design . Planning
360 Greco Avenue. Suite 101 . Coral Gables. Florida 33146 . Phone: 1'3051 444-60BO . Fax: r3nf">1 448-4548
BROWN AND BROWN ARCHITECTS
360 GRECO AVENUE
SUITE 101
CORAL GABLES, FL 33146
INVOICE
Invoice # 4863
October 31, 1998
Page 1
MR. JORGE CHARTRAND
CITY OF MIAMI BEACH, FLORIDA
1700 CONVENTION CENTER DRIVE
4TH FLOOR
MIAMI BEACH, FL 33139
Client ID: CMB
Project #: 9617
ROOF REPAIR/REPLACEMENT TO M.BEACH CONV.
CTR. AND M.B.THEATRE OF PERFORMING ARTS
Professional Services for period ending October 31, 1998
--------------------------------------------------------------------------------
Project #: 9617
Billing Group 004
ADDITIONAL SERVICES
Contract #: 9617
Total Fee
$
11275.00
Phase
Percent of
Total Fee
Percent
Phase Fee Complete Fee Earned
Additional Service - A/P
100.000
11275.00 100.000 11275.00
Current Fee Total
$
11275.00
0.00
11275.00
Total Fee Earned
Prior Fee Billing
-----.------
** Invoice Total **
$
11275.00
-----------
-----------
ATTACID1ENT #1 Page 3 of 3
190
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. :; ~ I ,Cj 9
TO:
Mayor Neisen O. Kasdin and
Members of the City Co mission
DATE: July 21, 1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.2 TO
THE AGREEMENT WITH THE ARCHITECTS PARTNERSHIP OF
BROWN & BROWN, IN THE AMOUNT OF $34,142, FOR ADDITIONAL
SERVICES ON THE ROOF REPAIRlREPLACEMENT PROJECT AT THE
MIAMI BEACH CONVENTION CENTER AND THE JACKIE GLEASON
THEATER OF THE PERFORMING ARTS; AND FURTHER
APPROPRIATING THE FUNDING FROM THE GENERAL FUND
RESERVE FOR CAPITAL IMPROVEMENTS.
RECOMMENDA TION:
Adopt the Resolution.
FUNDING:
Funds are available in the General Fund Reserve for Capital Improvements ($35 million County
Interlocal Agreement) and will be transferred to a work order established in the Convention Center
Enterprise Fund.
BACKGROUND:
On April 17, 1996, the Mayor and City Commission authorized Phase I of an agreement with The
Architects Partnership of Brown & Brown (Brown & Brown) for the testing and evaluation of the
roofs at the Miami Beach Convention Center (MBCC) and the Jackie Gleason Theater of the
Performing Arts (TOP A). The findings of the Phase I report were presented to the City Commission
on June 18, 1997 at which time Brown & Brown was authorized to proceed with Phase II of the
agreement and prepare bidding documents for the repair and/or replacement of the roofs based on
an estimated cost of $6,482,746.
Construction drawings were completed in December 1997. Construction bids were obtained and a
recommendation for award was presented to the City Commission on July 15, 1998. The
recommended contractor was Weiss & W oolrich Southern Enterprises Inc. (Weiss & W oolrich) and
the contract amount $7,245,000. The City Commission deferred action on this recommendation for
AGENDAITEM~
7- 2-1-i']
181
DATE
award and requested the appointment of a Blue Ribbon Committee to review the process and
recommendation to replace the roofs.
The Blue Ribbon Committee was convened and on November 4, 1998, its final recommendations
along with a request to award a contract to Weiss and Woolrich for the complete replacement of the
roofs, in the amount of $7,245,000, were presented to the City Commission and approved.
On May 12, 1999, the Mayor and City Commission approved Amendment No.1 to the Agreement
with Brown & Brown in the amount of $70,000, for a full time inspector to oversee the construction
of the roofs at the MBCC and the TOPA, as recommended by the Blue Ribbon Committee.
ANAI,YSIS:
The Administration is now requesting approval of Amendment No.2 to the agreement with Brown
& Brown in the total amount of$34,142, which includes a basic services fee increase of$22,867 and
$11,275 for additional services.
In accordance with the terms of the agreement, the increase in the basic services fee in the amount
of$22,867, represents 3% of the excess of the construction contract amount of $7,245,000 over the
previously established estimate of$6,482,746, which was presented to the City Commission on July
18, 1997, as part of the Phase I report recommendations. The additional services in the amount of
$11,275, include meetings and other work performed by Brown & Brown during its participation
in the Blue Ribbon Committee review process (Attachment #1).
CONCLUSION:
The Mayor and the City Commission should approve Amendment No.2 to the agreement with The
Architects Partnership of Brown & Brown, for additional professional services for the replacement
of the roofs at the Miami Beach Convention Center and the Jackie Gleason Theater of the
Performing Arts and further appropriate the necessary funding in the amount of$34,142 from the
General Fund Reserve for Capital Improvements.
182
AMENDMENT No.2
TO AGREEMENT BETWEEN
CITY OF MIAMI BEACH AND
THE ARCHITECTS PARTNERSHIP OF BROWN & BROWN FOR
ARCHITECTURAL/ENGINEERING SERVICES FOR THE ROOF REPAIRS/REPLACEMENT AT THE
MIAMI BEACH CONVENTION CENTER (MBCC) AND THE JACKIE GLEASON THEATER OF THE
PERFORMING ARTS (TOP A)
This Amendment No.2, dated as of ~ ~ I ,1999, to that certain Agreement, dated July 8, 1996, by
and between the City of Miami Beach, Florida (City), and The Architects Partnership of Brown & Brown (Consultant).
RECITALS
WHEREAS, on April 17 , 1996, the Mayor and City Commission authorized Phase I of a Professional Services
Agreement (the Agreement) with the Consultant for the testing and evaluation of the roofs at the Miami Beach
Convention Center and the Jackie Gleason Theater of the Performing Arts (the Project); and
WHEREAS, on July 8, 1996, the Agreement was executed between the City and the Consultant, to develop
construction documents for the Project; and
WHEREAS, the fmdings of the Phase I report were presented to the Mayor and City Commission on June 18,
1997 at which time the Consultant was authorized to proceed with Phase II of the Agreement and prepare bidding
documents for the Project based on an estimated cost of $6,482,746; and
WHEREAS, construction bids were obtained and a recommendation for award to Weiss & W oolrich Southern
Enterprises Inc. (Weiss & Woolrich) in the amount of $7,245,000 was presented to the Mayor and City Commission
on July 15, 1998; and
WHEREAS, the Mayor and City Commission deferred action on this recommendation for award and requested
the appointment of a Blue Ribbon Committee to review the process and recommendation to replace the roofs; and
WHEREAS, on November 4, 1998, the Mayor and City Commission as recommended by the Blue Ribbon
Committee, awarded a contract to Weiss & Woolrich, in the amount of $7,245,000, pursuant to Bid. No. 44-97/98, for
the complete roof replacement at the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing
Arts; and
WHEREAS, the Agreement calls for the Consultant to be compensated for additional services beyond the
original scope of services; and
WHEREASm accordance with the Agreement, the Consultant is to be compensated at three percent (3%) of
the difference between the bid amount of$7,245,000 and the original estimate of $6,482,746.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, it is agreed
by the parties hereto as follows:
1. The above recitals are true and correct and are incorporated as a part of this Amendment No.2.
2. MODIFICATIONS
The Agreement is amended to add the following additional services:
a. Exhibit "A-l ", entitled "Scope of Services/Compensation for Additional Services" relative
to additional work during the bid process and additional fees due to the award amount.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended, as modified by this Second Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed in their
names by their duly authorized officials as of the date first set forth above.
CITY OF
MI BEACH
Jdw PrM-~
CITY CLERK
SEAL
CORPORATE SEAL
F:IWORKI$ALL ICHA TRANDICONVROOFIAGREAl'v1E 1. WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
441~
City Attorney
/}/; t/CV7I
~/
Exhibit "A-I"
Scope of Services/Compensation
I.
Phase II Construction Documents
$22,867
Additional fees due to the final bid construction costs of$7,245,000. Agreement calls for the Consultant to be
compensated for Phase II at a fixed fee of $13 5,000 and additionaly at the rate of 3 % of the difference between
$7,245,000 and $3,000,000. A previous increase of$241,982, based on the original estimate of $6,482,746,
was made to the Brown & Brown Standing Order, in accordance with the Mayor and City Commission
authorization to Brown & Brown to proceed with Phase II of the agreement given on June 18, 1997. The
amount included in this Amendment is for 3% of the additional difference between the bid amount of $7,245,000
and the original estimate of $6,482,746.
II.
PHASE II BIDDING
$11,275
Preparation of presentation documents to the TECCEA Board for discussion on award of contract. Additional
evaluations and presentations of the project's scope, which was previously approved, to City staff and the
TECCEA Board.
Presentations and meetings with the Blue Ribbon Committee created by the City Commission to review the
project.
Analysis of Committee's recommendations and discussions with City staff.
Assistance with the final presentation to the City Commission.
TOTAL ADDITIONAL FEES - Phase II (Construction Documents) and (Bidding)
$34,142
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