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RESOLUTION NO. 2004-25533
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.5 TO THE AGREEMENT WITH BROWN AND
BROWN ARCHITECTS DATED JULY 8,1996, FOR ADDITIONAL
SERVICES FOR ON-SITE INSPECTION AND FOR
CONSTRUCTION ADMINISTRATION BEYOND THE CONTRACT
TIME FOR THE RE-ROOFING PROJECT AT THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER
OF THE PERFORMING ARTS IN THE AMOUNT OF $38,850; AND
THAT FUNDS FOR THIS ACTIVITY BE TRANSFERRED FROM
THE CONVENTION CENTER ESCALATOR CHAIN
REPLACEMENT ACCOUNT AND APPROPRIATED FOR THIS
PURPOSE.
WHEREAS, on April 17, 1996, the Mayor and City Commission authorized Phase I of a
Professional Services Agreement with Brown and Brown Architects, formerly known as 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); and
WHEREAS, on July 8, 1996, a Professional Services Agreement (Agreement) was executed
with Brown and Brown to develop construction documents for the repair/replacement of the said
roofs; and
WHEREAS, on November 4, 1998, the Mayor and City Commission, as recommended by a
Blue Ribbon Committee, awarded a contract to Weiss & W oolrich Southern Enterprise, Inc., in the
amount of$7,245,000, pursuant to Bid. No. 44-97/98, for the roof replacement at the Miami Beach
Convention Center and the Jackie Gleason Theater of the Performing Arts; and
WHEREAS, on May 12, 1999, the Mayor and City Commission approved Amendment No.
1 to the Agreement, in the amount of $70,000; and
WHEREAS, on July 21, 1999, the Mayor and City Commission approved Amendment No.2
to the Agreement, in the amount of$34,142; and
WHEREAS, on November 17, 1999, the Mayor and City Commission approved
Amendment No.3 to the Agreement, in the amount of $35,000; and
WHEREAS, on July 26,2000, the Mayor and City Commission approved Amendment No.4
to the Agreement, in the amount of$73,180; and
WHEREAS, the construction period of the project was extended beyond the anticipated
completion, necessitating extra costs for on-site inspection and for construction administration
services by the consultant, it is therefore necessary to approve an Amendment No. 5 to the
Agreement.
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.5 to the
Agreement with Brown and Brown Architects dated July 8, 1996, in the amount of $38,850, for
additional services for on-site inspection and for construction administration beyond the original
time for the re-roofing project at the Miami Beach Convention Center and the Jackie Gleason
Theater of the Performing Arts; and that funds for this activity be transferred from the Convention
Center Escalator Chain Replacement Account and appropriated for t . purpose.
PASSED AND ADOPTED this 14th day of April, 2004.
ATTEST:
~ ( . j{U~t.
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
?~'J,V)-65
Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
.......
Condensed Title:
Approval of Amendment #5 to the Agreement with Brown and Brown Architects, authorizing payment for
additional services provided for the Miami Beach Convention Center and Jackie Gleason Theater of the
Performing Arts Roofina oroiect.
Issue:
Shall the City Amend the Agreement with Brown and Brown Architects to compensate them for additional
Services provided for the Convention Center and Theater of the Performing Arts Roofing project?
Item Summa /Recommendation:
An additional payment is due to Brown and Brown Architects for services provided during the closeout of the
Convention Center and TaPA re-roofing project. It is necessary to amend the existing Professional Services
Agreement dated July 8, 1996, to provide the means to make this final payment in the amount of $38,850.
Funds for this payment are available from the Convention Center Escalator Chain Replacement Account, as
this activit is bein deferred until F.Y. 2006.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 38,850.00 441.2441.069358
D 2
3
4
Finance Dept. Total
Ci Clerk's Office Le islative Trackin :
Mauro Burgio (x 6447) / Carl Hastings (x 6210)
City Manager
AGENDA ITEM C 7 D
DATE <{-(f(-()1
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: April 14, 2004
Members of the City Commission
Jorge M. Gonzalez J .-A~
City Manager " /)
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.5 TO THE
AGREEMENT WITH BROWN AND BROWN ARCHITECTS DATED JULY 8,
1996, FOR ADDITIONAL SERVICES FOR ON-SITE INSPECTION AND
FOR CONSTRUCTION ADMINISTRATION BEYOND THE CONTRACT
TIME FOR THE RE-ROOFING PROJECT AT THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER OF THE
PERFORMING ARTS IN THE AMOUNT OF $38,850; AND APPROVING
TRANSFER OF FUNDS FOR THIS ACTIVITY FROM THE CONVENTION
CENTER ESCALATOR CHAIN REPLACEMENT ACCOUNT AND
ALLOCATE IT FOR THIS PURPOSE.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
AMOUNT AND FUNDING:
Funding in the amount of $38,850, is available from the Convention Center Escalator Chain
Replacement Account, No. 441.2441.069358, as the replacement of the Escalator Chain is being
deferred until F.Y. 2006.
ANALYSIS:
On July 8, 1996 a Professional Services Agreement was executed between the City and Brown
and Brown Architects, (formerly known as: The Architects Partnership of Brown & Brown) (Brown
& Brown), to evaluate the roofs of the Miami Beach Convention Center (MBCC) and the Jackie
Gleason Theater of the Performing Arts (TOPA), and to develop construction plans, specifications
and bidding documents for the repair or replacement of these roofs.
A controversy arose about whether it was necessary to re-roofthe Convention Center at that time,
and on July 15, 1998 the Mayor and City Commission deferred action on a request to award a
contract for the re-roofing project, and instead requested the appointment of a Blue Ribbon Panel
to review the decision to replace the roofs. On September 9, 1998, the Blue Ribbon Committee
recommended the complete re-roofing of the Convention Center and TOPA, with the exception of
City Commission Memorandum
Re-roofing Project at MBCC & TOPA
Apri/14,2004
Page 2 of4
the "West Wrap" area, and Roof deck C-7. The Committee requested moisture testing of these
areas. On October 28,1998, moisture tests confirmed that the "West Wrap" area and Deck C-7
should also be replaced. The Blue Ribbon Committee now recommended the complete re-roofing
of both the Convention Center and TOPA. The Committee recommended that a full-time certified
roof inspector be utilized to assure that the roof was applied properly.
The plans and specifications were prepared and on November 4, 1998, the Mayor and City
Commission awarded a contract to Weiss and Wool rich Southern Enterprises, Inc., in the amount
of $7,245,000, pursuant to Bid No. 44-97/98, for the replacement of the roofs at MBCC and
TOPA, with a project time estimate of 300 days.
A notice to proceed was issued on February 10, 1999, however, testing mandated by Miami-Dade
County Product Approval requirements held up the start of construction until July 9, 1999, so that
the target completion date would be in May 2000.
The Agreement between the City and Brown & Brown provided for construction administration
services to be provided during the normal time for the construction of the proposed project. As a
result of delays due to inclement weather, as well as numerous work suspensions requested by
Convention Center Management to avoid disturbance of shows and events at the Convention
Center and at TOPA, the Administration requested, and the Mayor and City Commission
approved, an extension of the project completion date by 223 days, bringing the completion date
to December 18, 2000.
Following this time extension, the Contractor experienced a further delay in the delivery of Sarnafil
roofing material, a rubberized fabric used to waterproof the large vertical wall sections along the
East side of the building. The manufacturer experienced a strike at its manufacturing plant, which
held up delivery of this critical material.
Following the substantial completion of the project, on February 7, 2001, Brown & Brown
requested payment for additional monitoring and Construction Administration services provided
during this period of delay. The Administration requested detailed time sheets or daily reports to
support these charges. Brown & Brown did not submit this documentation, and consequently,
their request was not approved.
Brown and Brown submitted dunning notices to the City of the "open invoices", in June of 2001 ,
again in August of 2002, and again in 2003, each time, City staff requested confirming time sheets
or daily logs that would document their claim for additional compensation. Finally in early 2004,
Brown & Brown provided time logs confirming the dates of their employee's visits to the roofing
project. Following an evaluation of this log, the Administration is recommending that the invoices
submitted by Brown and Brown reflecting their monitoring of the work during the close-out period
be paid. In order to accomplish this, it is necessary to Amend the existing Agreement to provide a
mechanism for payment for these Additional Services.
The attached Amendment NO.5 to the Agreement dated July, 8,1996, will provide the following
changes:
City Commission Memorandum
Re-roofing Project at MBCC & TOPA
Apri/14, 2004
Page 3 of4
a. The Mayor and City Commission, following the recommendation of the Blue Ribbon
Committee for the Roofing Project, directed the Administration to retain a full-time inspector to
perform field observation for the duration of the project. The Agreement with Brown and Brown
was amended to provide for the services of a full-time, certified roofing inspector for the project.
This Amendment extends the services of this full-time roofing inspector for an additional 44 days
at an additional cost of $10,250.
b. During the final phase of the project, after the roofing application was completed, it was
determined that 3 site visits per week for observation by the project engineer would provide
adequate monitoring of the project, the full-time roofing inspector was released at this time. This
Amendment will pay for the services of the project engineer for thirty (30) site visits for
observation, at $300 per visit at a cost of $9,000.
c. Construction Administration consists of monitoring project progress, attending weekly and
monthly progress meetings, and reviewing and approving contractor pay requisitions. This
Amendment extends the Construction Administration services of Brown & Brown through the final
completion of the project. The cost of these additional services is $19,600.
The total cost of these three elements is $38,850.
The project was approved without a contingency and no funds remain available in the work order,
therefore, it is recommended that funding for this activity be transferred from the Convention
Center Escalator Chain Replacement Account. This account currently has sufficient funds
available, as this project has been deferred until FY 2006. The City's escalator maintenance
contractor originally recommended that funds be set aside to replace the Escalator Chain if it
should fail in use, however, recently this firm recommended that the entire system be given a
thorough 30-year overhaul in F.Y. 2006. This would involve replacing all the system components
which are subject to wear, including the chain. Convention Center management is planning to
follow this recommendation.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving and authorizing the Mayor and City Clerk to execute Amendment No. 5 to the
Agreement with Brown and Brown Architects, in the amount of $38,850, for additional services for
on-site inspection, and Construction Administration beyond the original time at the Miami Beach
Convention Center and the Jackie Gleason Theater of the Performing Arts; and that funds forthis
activity be transferred from the Convention Center Escalator Chain Replacement Account, and
allocated for this purpose.
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