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HomeMy WebLinkAbout2005-25787 Reso RESOLUTION NO. 2005-25787 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FINAL PAYMENT TO THE FIRM OF SPILUS CANDELA DMJM, IN THE AMOUNT OF $19,335, FOR COMPLETION OF CONSULTING SERVICES ON THE BASS MUSEUM EXPANSION AND RENOVATION PROJECT. WHEREAS, on March 26, 1995, the City entered into an Agreement with the firms of Spillis Candela & Partners (SC&P), (later to be known as Spill is Candela DJMJ (SC&P)), and Arata lsozaki and Associates (lsozaki) for architectural and engineering services for the expansion and renovation of the Bass Museum of Art (the Agreement) (the Project); and WHEREAS, on December 3, 1997, the Mayor and City Commission approved award of a construction contract to Danville-Findorff, Inc. (DFI) and Notice to Proceed with construction of the Project was given on February 5, 1998 with construction expected to last twenty months; and WHEREAS, the Project consisted of two distinct building sections; and existing facility building, and the construction of a new building; and WHEREAS, both buildings received substantial completion certification in September 2000; final closeout of the construction contract and a Final Certificate of Occupancy were obtained in May 2002, and final payment to the contractor, Danville-Findorff, Inc. (DFI), was approved by the Mayor and City Commission at the May 29, 2002 City Commission meeting; and WHEREAS, final payment to the consultant, Spillis Candela DMJM (SC&P), was withheld due to pending issues regarding the HVAC system and the relative humidity levels within the building; and WHEREAS, although URS, the City's Program Manager, and SC&P had not recommended the installation of permanent humidifiers to the HV AC system, the Bass Museum staff strongly recommended inclusion of the units, and SC&P agreed to design the system and perform construction administration services for this portion of work at no charge to the City; and WHEREAS, the installation of the humidifiers, incorporation into the building systems and the Building Management System (BMS), testing, and a period of observation has now been completed and since December 2003, the system has functioned within the parameters expected; and WHEREAS, based on the results which have been obtained by the added humidification system and the monitoring of the levels of humidity for the past several months, which have shown the system to be functioning as expected, the City, at the request of SC&P, entered into final negotiations to closeout the Agreement and issue final payment; and WHEREAS, this final payment, in the amount of $19,335, consists of time expended while providing additional construction administration services during the extended period of construction of the Project prior to the completion of construction, and the closeout of the agreement with DFI; and WHEREAS, the Administration would now recommend that this final payment, in the amount of $19,335, for work performed in completing the Project be issued; and WHEREAS, an appropriation from City Center Redevelopment Agency funds has been recommended by the Miami Beach Redevelopment Agency staff in order to make final payment; and WHEREAS, a final release will be provided to the City by SC&P holding the City harmless for any and all future liability on the Project, and the City will provide a similar release to SC&P, which are customary documents issued at Project closeout; and WHEREAS, concurrent with this recommendation, a report has been given to the Board of Trustees of the Bass Museum and to the Friends of the Bass, on December 15, 2004. 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 final payment to the firm of Spill is Candela DMJM, in the amount of $19,335, for completion of consulting services on the Bass Museum Expansion and Renovation Project. PASSED AND ADOPTED this the 12th January, 2005. ATTEST: _~o ~UA~ CITY CLERK T:\AGENDA 12005\Jan 12051ConsenllSpillis Candela Resolulion .com.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION }-\,.o> um. CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FINAL PAYMENT TO THE FIRM OF SPILUS CANDELA DMJM, IN THE AMOUNT OF $19,335, FOR COMPLETION OF CONSULTING SERVICES ON THE BASS MUSEUM EXPANSION AND RENOVATION PROJECT, AND FURTHER APPROVING APPROPRIATION, IN THE AMOUNT OF $19,335, FROM REDEVELOPMENT AGENCY FUNDS. Issue: I Should the City Commission adopt the Resolution? Item Summa IRecommendation: 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 consulting services for the Bass Museum of Art (the Project). On December 3, 1997, the City Commission approved award of a construction contract to Danville-Findorff, Inc. (DFI). Notice to Proceed was given on February 5, 1998 with a construction period of twenty months. The Project consisted of the renovation of an existing facility and the construction of a new building. The Project received substantial completion on September 2000, Final closeout and a Final Certificate of Occupancy were obtained in May 2002 and final payment Danville-Findorff, Inc. (DFI) was approved by the City Commission on May 29, 2002. Final payment to the consultant, (SC&P), was withheld due to pending issues regarding the HV AC system and the relative humidity levels in the building. As a result, the City asked its Program Manager for facilities, URS Corporation (URS), to examine the HV AC issues and recommend a solution. 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, Although URS and SC&P had not recommended the installation of permanent humidifiers, the Bass Museum staff strongly recommended inclusion of the units, The cost of adding these units was estimated at about $60,000 and it was recommended that funds be appropriated from Convention Development Tax funds. The installation of the humidifiers was completed by December 2003. Since that time the system has functioned within the parameters expected. In most instances, when humidification has been required due to outside ambient conditions, the system has functioned properly and has provided levels satisfactory to the museum staff as well as to the requirements of art collection lenders. In some instances, for very short periods of time, although these periods have been reduced, the humidity levels have not achieved the expected optimum levels. Based on the results obtained by the added humidification for the past several months the City entered into final negotiations to closeout the consulting agreement. Final payment, in the amount of $19,335, consists of time expended while providing additional Construction Administration services during the extended period of construction until completion and closeout of the agreement with OF!. During this period SC&P continued to work with the City to finalize all issues and obtain Final C of 0 and Final Closeout. Because of SC&P's continuing assistance, their assumption of responsibility for the humidity levels, and their compliance with contractual obligations, staff now recommends that final payment, in the amount of $19,335, be issued. Staff also recommends that an appropriation from City Center Redevelopment Agency funds be approved in order to make final payment. A final release will be provided to the City by SC&P holding the City harmless for an and all future liabili on the ro'ect. The Cit will rovide a similar release to SC&P. Advisory Board Recommendation: I N/A Financial Information: Source of J%pprl)Vl!td Funds: Finance Dept. sistant City Manager CMC AGENDA ITEM 1?7c.. DATE /-/;(-tJS- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: From: Mayor David Dermer and Date: January 12, 2005 Members of the City Commission Jorge M. Gonzalez d - ~ City Manager 'VO A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FINAL PAYMENT TO THE FIRM OF SPILUS CANDELA DMJM, IN THE AMOUNT OF $19,335, FOR COMPLETION OF CONSULTING SERVICES ON THE BASS MUSEUM EXPANSION AND RENOVATION PROJECT, AND FURTHER RECOMMENDING APPROPRIATION, IN THE AMOUNT OF $19,335, FROM CITY CENTER REDEVELOPMENT AGENCY FUNDS. SUBJECT: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funding is available from the City Center Redevelopment Agency. 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. The project itself consisted of two distinct building sections. The first was the existing facility, or original building, and the second was the construction of a new building. The original building portion of the project was primarily a renovation project including a new roof and replacement of the heating, ventilating, and air conditioning (HVAC) system. The new building was new construction. Both buildings received substantial completion certification in September 2000. Final closeout of the construction contract and a Final Certificate of Occupancy were obtained in May 2002 and final payment to the contractor, Danville-Findorff, Inc. (DFI), was approved by the Mayor and City Commission on the May 29, 2002 Commission meeting. Final payment to the consultant, Spillis Candela DMJM (SC&P), was withheld due to pending issues regarding the HVAC system and the relative humidity levels within the building, Commission Memorandum Bass Museum-Spillis Candela Payment January 12, 2005 Page 2 of 4 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 have difficulty in maintaining strict control over the required temperature and relative humidity levels. As a result, the City asked its Program Managerforfacilities, 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. 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 recommended having on hand portable, humidifying units, which can be utilized on a temporary basis. 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 was 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 was modified to serve this area only and be separated from the Art Collection Room, The unit to be used was the unit furnished initially for the museum's staff offices, which was replaced by a larger unit. DFI furnished the unit. Finally, the Building Energy Management System (BMS) was re-programmed to allow the HVAC units to operate on humidity and temperature priority rather than on temperature priority as initially installed. The City entered into an Agreement with DDC Controls to perform some of the work, namely, the modifications to the sensors, the installation of the new controls and the re- programming of the BMS, The modifications were funded by previously appropriated funds, in the amount of $100,000, approved by the Mayor and City Commission on October 17, 2001. This work was completed by December 2001. The balance of the modifications was subcontracted to another contractor in order to expedite the work and to facilitate closeout of the contract with DFI. This work included 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. These modifications were also funded by the previously appropriated funds, in the amount of $100,000, approved by the Mayor and City Commission on October 17, 2001. This work was completed by June 2002. Commission Memorandum Bass Museum-Spillis Candela Payment January 12, 2005 Page 3 of 4 Although, as noted above, URS and SC&P had not recommended the installation of permanent humidifiers to the HVAC system, the Bass Museum staff strongly recommended inclusion of the units, Museum staff provided research in support of their position and presented this research to the Bass Board of Trustees. The cost of adding these units was estimated at about $60,000 and it was recommended that funds be appropriated for this purpose. Funding was available from Convention Development Tax funds. SC&P agreed to design the system and perform Construction Administration services for this portion of the work at no charge to the City. The installation of the humidifiers, incorporation into the building ~ystems and the BMS, testing, and a period of observation has now been completed. Since December 2003, the system has functioned within the parameters expected. In most instances, when humidification has been required due to outside ambient conditions, the humidifying system has functioned properly and has provided the levels of humidification needed to satisfy the museum staff as well as the requirements of art collection lenders, In some instances, for very short periods of time, although these periods have been reduced, the humidity levels have not achieved the expected optimum levels. These instances have been significantly minimized and fall within the five percent of the ideal yearly operation of the system that was always expected. SC&P and URS, as well as publications in the industry, have always maintained that absolute perfection in humidity levels is never obtainable in any HVAC system and certainly not in a system within the South Florida environment where humidity levels vary so significantly during the year. Based on the results which have been obtained by the added humidification system and the monitoring of the levels of humidity for the past several months, which have shown the system to be functioning as expected, the City, at the request of SC&P, entered into final negotiations to closeout the consulting agreement and issue final payment. This final payment, in the amount of $19,335, consists of time expended while providing additional Construction Administration services during the extended period of construction of the project prior to the completion of construction and the closeout of the agreement with DFI. During this period, regardless of their existing contractual agreement and the difficulties caused by the delays by DFI in completing the construction, SC&P continued to work with the City to finalize all issues and obtain Final Certificate of Occupancy and Final Closeout. After these were obtained, the City and SC&P agreed to delay final payment on the consulting agreement until all matters regarding the HVAC system and the humidity levels were resolved. SC&P continued to assist the City in all these efforts, provided the design and the monitoring services for installation of the humidity system at no cost to the City and did not stop providing the City all the help required to make the new installations function as desired. Throughout the process they have participated in meetings, assisted with permitting, and helped with insuring that the humidifying system was installed as required, operated properly and was correctly incorporated into the building's BMS. Commission Memorandum Bass Museum-Spillis Candela Payment January 12, 2005 Page 4 of4 Because of SC&P's continuing assistance, their assumption of responsibility for the humidity levels and their HVAC design for the building, and their compliance with contractual obligations, staff now recommends that this final payment, in the amount of $19,335, for work performed in completing the project be issued, Staff also recommends that an appropriation from City Center Redevelopment Agency funds be approved in order to make final payment. A final release will be provided to the City by SC&P holding the City harmless for any and all future liability on the project. The City will provide a similar release to SC&P. Both are customary documents issued at project closeout. Concurrent with this recommendation, a report has been given to the Board of Trustees of the Bass Museum on December 15, 2004 and separately to the Friends of the Bass, through Board member Pedro Martinez-Fraga, Esq., on December 15, 2004 as well, with the aforementioned findings. During both meetings the City and the Friends have agreed to meet and review the historical construction timeline and the Friends historical financial performance during construction, to discuss an equitable allocation regarding the yet to be finalized Pledge Agreement for the Friends repayment of their proportionate share of the Bass expansion project. By way of background, when the Bass expansion project was approved, the Friends agreed to contribute $2.3 million towards the expansion project as set forth in Resolution 2000-24193. With the recurring construction delays and problems, the City held the Pledge Agreement in abeyance pending the completion of all corrective work and successful construction completion, Therefore, together with the recommended final closeout and payment to Spill is Candela, the Administration will proceed in negotiating with the Friends of the Bass an equitable resolution to the Pledge Agreement and report back to the City Commission. Attachments T:\AGENDA\2005\Jan 1205\Consent\Spillis Closeout Memo. .dot spilliscandela 1";, !\;igelc<:, W;.;<:hi:lgtcn, DC San ~tand~;.:-o Dr<r,'(.r Oraf'j;e Cclor;Jdo Springr, Phnenix Salt LakE'- City Albuquf1;'q,:e VOI:- Worth H'Ju~lor: Daltas. lV:iam: Detroil Orlando SiHl Diego Chic,lf,O Los Alamp5. Col,lImbus New York Richlatld, WA l(UW?it City September 22, 2004 City of Miami Beach Mr. Timothy Hemstreet Capital Improvement Projects Office Director 1700 Convention Center Drive Miami Beach, Florida 33139 RE.: Bass Museum - Extended Construction Administration SCDMJM Project No, 032113032.0030 Dear Tim, It has been quite some time since we have last spoken, and the purpose of this letter is to follow up on the status of the Bass Museum and our efforts to close out the project. We have been kept up to date on the performance of the HVAC system by your staff, and have had several conversations with the manufacturer of the humidification system regarding the installation and system performance over the last eleven months. It is our understanding that the system has performed as designed, and has effectively introduced the extra humidity when the relative humidity levels within the gallery spaces have dropped to the low range of the design criteria, In essence, the installed HVAC system is maintaining the design criteria in an extended consistent fashion and the humidification system has improved the overall system performance. It has now been over two years since our meeting to discuss our extended construction administration invoices, the HVAC system, and our desire to close the Contract and gain our release from the project (see attached meeting notes dated June 17,2002), At that time, the City had not made its decision to provide the facility with a humidification system, and wanted to wait and see how the winter months and lower humidity season affected the system. As stated at the meeting, the City's position was that if the humidification system was required to better maintain the relative humidity within the design criteria, the design of the system should be included in our basic services. Spillis Candela DMJM re-iterated our concerns with indoor air quality and increased maintenance for the City, and maintained that our decision to not include the system with the original design was within industry standards for museum HVAC design in our climatic or geographic location, Ultimately, the decision was made by the City to provide the museum facility with the humidification system, and Spillis Candela DMJM agreed to provide professional services to accomplish the design and installation of the system. It was our clear understanding that this would be a necessary step towards our goal of closing out the project and gaining our release from the Contract. After notifying the City of the possible less than optimal performance of the humidification system due to existing constraints in the ductwork, the City accepted the risks expressed by our concerns, and requested that our office provide planning schedules and begin to work as soon as possible. Professional services from system and manufacturer selection through construction documents, Florida Litense AA 0003298 A.N AECOM CO"ll'ANr SPiIliscandela. permitting and construction administration of the installation were provided. Finally, the commissioning and factory start up of the system was performed in early October of 2003. Spillis Candela DMJM has continued through difficult times to work with the City to improve the HVAC system performance, and has provided our own services and those of outside consultants to address the HVAC issues at the Bass Museum for a period of four years, at our own cost. The time to observe the system performance through a winter season as requested by the City has passed, and as stated above the installation of the humidification system has significantly improved the overall system performance. Therefore, we respectfully request that our outstanding invoices for extended construction administration services, unrelated to the HVAC issues, be revisited for payment, and we can close this Contract through our requested release. Along with the meeting notes from June 17, 2002, I have attached our release letter and a Statement of Account with back up. Please review these documents and if needed, we can discuss. If acceptable, please sign and forward one fully executed Final Release and retum it to our office. Sincerely, ----~~if~~~ Steven P. Berler Project Manager Senior Associate CC: D.Klem, J. Cruz, I. Gonzalez - Spillis Candela DMJM J. Chartrand - City of Miami Beach SpilUs Candela & Partners, Inc BOO Douglas Enlrance Coral Gables. Florida 33134 3051444 4691 Coral Gables Orlando West Palm Beach Washington. DC JORGE CHARTRAND PUBLIC WORKS/CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 USA DATE: 08/25/04 STATEMENT OF ACCOUNT ~~.,j}~f!f~lI\i~.~ BASS MUSEUM - EXPENSES E130 11/01/01 032113032.0000 EXPENSES E135 11/12/01 032113032.0000 CONSULTANT EXPENSES $1,645.42 $420.00 $1,645.42 $420.00 BASS MUSEUM - EXTENDED CONSTRUCTION ADMINISTRATION L129 02/14/01 032113032.0030 LABOR L130 03/12/01 032113032.0030 LABOR L 131 04/20/01 032113032.0030 LABOR L132 05/17/01 032113032.0030 LABOR L 133 10/19/01 032113032.0030 LABOR L 134 08/14/02 032113032.0030 LABOR $3,705.00 $3,420.00 $2,280.00 $3,302.50 $2,185.00 $4,312.50 $1,935.00 $3,705.00 $3,420.00 $345.00 $3,302.50 $2,185.00 $4,312.50 $0.00 $19,335.42 Spillis Candela & Partners, Inc 800 Douglas Entrance Coral Gables, Florida 33134 305/4444691 Coral Gables Orlando West Palm Beach Washington, DC .............. ............ .......... ................. .... .......... ............. ... ............ :>:::>TO;::~~:~pRGECHARfRAt.JP< . . :...:.:...:.:......:CONS'tRUenbNM'ANAGER .:...:...<::p(icitic.woRkSiciryt1Al.{ .... .. . . : : :>U::':.::~~~7:~~T~Eg~6K;3~frlY~.': "::. ........... .......... .. ...... ........... .......... .......... .......... ......... ......... ......... .........-..... ........ ............... .. ...... ............... ......... ............... .......... .............. P.A1:~:: . .:1qi~1jQl .. PRQ;JEG:r.NO,:3q~~.{)OOO . . {NVOlC~No.:.:1~(i"'''' ~p~~tf;jp;.....:p~iooia4i.:.: ............ ........... ......... .......... . ........ ......... .......... ......... ..-...-.... .......... ... .... "' ........... ...,...... ......... ................ ...~C.pMJMfl~6~E~T Nq:~.. .... . .... .. .. . . ... ()3.2n~Q3~~:OO~O. . RE:: BASS MUSEUM - MIAMI BEACH, FLORIDA EXPENSES PAID ON YOUR BEHALF 08/2512001 TO 09/28/2001. REIMBURSABLE EXPENSES BLUEPRINTING PLOTTING AUGUST $1,562.20 83.22 TOTAL AMOUNT DUE FOR EXPENSES $1,645.42 TOTAL AMOUNT DUE THIS INVOICE $1.645.42 UNLESS NOTIFIED WITHIN 10 DAYS, THIS INVOICE IS CONSIOERED ACCEPTABLE AND WILL ACCRUE INTEREST AFTER 30 DAYS IF UNPAIO. INVOICES UNPAID AFTER 30 DAYS MAY COUSE WORK TO BE INTERRUPTED SPllLIS CANDELA & PARTNERS, INC SPILUS CANDElA & PARTNERS INTERIORS SPILUS CANDELA /WARNECKE Spillis Candela & Partners, Inc 600 Douglas Entrance Coral Gables, Florida 33134 305/444 4691 Coral Gables Orlando West Palm Beach Washington, DC ................. ,. .................... .............. .. ................. . . . . . . . . . . . . . . . . ............. .............. .......... ....................-.... .......................... ............. ........... ...... ................... . ...............................,.... .. ................................... ......... ....... . ............ ............ ........... . . . - . . . . . . . .......... ...... . . . . . . . . . . .........,.............. ............. ........................ ... ... . . . . . . . . . . . . . . . . . . . . . . .. .... .... ......... ............. ... . .. ... ... :-:.....:-:to..MR-:jORGECHARtRANb ..:'. . . . . . ... : . · . . . .. :.:.DAtE::::.:::.:::.:.~...::.:.:;1i02IO:f ).::::::H:ji~9~~T~yQfrqN:~~N&3~~:: .. .. .. ....... ... ..... '><>~~6jEdTN6<":~b3%6ci6> . . . .>>:.::>>~~~~i9W()R.K~(c.iTX:B~L(><: ... . '.:':: . : . :" ... ....:::iNV6iC~Nd:<>;/~35..:.>> : ....::.:::.:.:::.....1i~: bONVIENTI6.N.c.slilrIER.ORivE ............ ..... ......... . .... ;.:.:.:::: :9q~Nr:@::::::\:... :..:ii~iOci2~~2..: .:.:. ::.!:i::i:::.:..:.:::.i:..:.,::.::i:.::,:.:..:.:i:....:.:..::::::...::..:..:.i:':.A....:...i::M::::.:.:.:'i:.:a:::...:.EA:..:.:::i:::.::c.:.;:.:....H;::...:..:.'::::r..::::::~:::::o:::::;:'R..::.:::I::D:::(33139>>:::'::.. ..:...::..:::::::;::;::::::;;.:....;.::: >...:':':::::::::::.:. :':::':' ...... ... . ... .. . .. .. ....::::::.$GPMJiIi1:PRqjEciNi;e0.3211:30~2;OOoif....:..::.. . .. . . RE: BASS MUSEUM - RENOVATION AND EXPANSION - EXTENDED CONSTRUCTION CONSULTANT EXPENSES NOT PREVIOUSLY INVOICED 12/2112000. CONSULTANT EXPENSES FRANKEL AND ASSOCIATES - 6559 $420.00 TOTAL AMOUNT DUE FOR CONSULTANT EXPENSES $420.00 TOTAL AMOUNT DUE THIS INVOICE $~ STEVEBERLER~ ~ PROJECT MANAGER . UNLESS NOTIFIED WITHIN 10 DAYS. THIS INVOICE IS CONSIDERED ACCEPTABLE AND WILL ACCRUE INTEREST AFTER 30 DAYS IF UNPAID. INVOICES UNPAID AFTER 30 DAYS MAY CAUSE WORK TO BE INTERRUPTED. SPILlIS CANDELA & PARTNERS, INC SPILlIS CANDELA & PARTNERS INTERIORS SPILlIS CANDELA /WARNECKE Spillis Candela & Partners, Inc 800 Douglas Entrance Coral Gables, Florida 33134 305/4444691 Coral Gables Orlando West Palm Beach Washington, DC .........-..... ............... ."......... .....-......... . .......-..... ..."........ ........... ....,,-........... . . . . . . . . , . . . . . . . . . . . . . . . ........... ............ ........... .................. .................. ................ ........ . ..-........ .......... .- ........... . ............... . ,............ ............. .."..-.. ............ .-......... ......... .......... .:;::<to.:MR;JORGECHARTRAND. . .. ... .. . .. . .. . DATe <>:;<"'1oaEiiOo'<'::' li~i1l~~/ .... . . .~-1~~111~ .......................MJAMIBEACH. .PLORIDA.331:39.................... . . . .. . . . . . . . . : : : .................. .. . ::)<:>~:~:>~:>~:>~<.:.: :<<.'.'........... ....::...: :.......... ....... :':'::~::::: ::::::::",."... ...".::....... ..-:-:..:.:.:...... ,"' ;; ..., -':':':.:':.:.:.:':':":":' :.:;:;:.:;::::::::::.:;::::::.:.. : .. ... .:..::...::::..:::... ..:..:::...::::;:::::'.::.:..:.):~cb.M.4MPROJE;CTNO;;.:Q~;i!1t3O~2:;cX>30<:::::::..::::::<:.:.::::::: RE: BASS MUSEUM - RENOVATION AND EXPANSION - EXTENDED CONSTRUCTION ADMINISTRATION. SERVICES RENDERED 11/2412000 TO 01/26/2001. . PROFESSIONAL SERVICES HOURS RATE AMOUNT PROJECT ARCHITECT BERLER, STEVE 36.00 95.00 3,420.00 PROJECT ENGINEER AGUIRRE, LOUIS 3.00 95.00 285.00 39.00 TOTAL AMOUNT DUE FOR SERVICES $3,705.00 TOTAL AMOUNT DUE THIS INVOICE $3,705.00 STEVEBERLE~~~ ~ PROJECT ARCHITECT UNLESS NOTIFIED WITHIN 10 DAYS. THIS INVOICE ;S CONSIDERED ACCEPTABLE AND WILL ACCRUE INTEREST AFTER 30 DAYS IF UNPAID. INVOICES UNPAID AFTER 30 DAYS MAY CAUSE WORK TO BE !NTERRUPTED SPILUS CANDELA & PARTNERS, INC SPILUS CANDELA & PARTNERS INTERIORS SPILUS CANDELA /WARNECKE Spillis Candela & Partners, Inc BOO Douglas Entrance Coral Gables, Florida 33134 3051444 4691 Coral Gables Orlando West Palm Beach Washington, DC ....................,.. .... . ...... .......... ...... ...... .,... ........................... .... ............................................ .................... ..................,.......................... ...... .... ........................................... ...................................... ...................................... .............................. ...................... ........... ...................................... ...................................... ........ ........................ .... . ". ... ................... ................"....... . . '" .. ..... ......... .. .......................... ..... ..... ...................................... ..... .......... ........... ....................... ........... . ......... ....................................................... ......................................................... ......... ............... ........................... .................................................... ..................,...................................... .....,.......... ............ ..,....., .......... ..........,................ ............., ................. ..,......... ................... ,.,.............. RE: BASS MUSEUM - RENOVATION AND EXPANSION - EXTENDED CONSTRUCTION ADMINISTRATION. SERVICES RENDERED 01127/0tto, 02123/01. . PROFESSIONAL SERVICES HOURS RATE AMOUNT PROJECT ARCHITECT BERLER,STEVE 36.00 95.00 3,420.00 36.00 TOTAL AMOUNT DUE FOR SERVICES $3,420.00 TOTAL AMOUNT DUE THIS INVOICE $3,420.00 UNLESS NOTIFIED WITHIN 10 DAYS, THIS INVOICE IS CONSIDEREO ACCEPTABLE AND WILL ACCRUE INTEREST AFTER 30 DAYS IF UNPAIO, INVOICES UNPAID AFTER 30 DAYS MAY CAUSE WORK TO BE INTERRUPTEO, SPILUS CANDELA & PARTNERS, INC SPILUS CANDELA & PARTNERS INTERIORS SPILUS CANDELA /WARNECKE - Spillis Candela & Partners, Inc 800 Douglas Entrance Coral Gables, Florida 33134 3051444 4691 Coral Gables Orlando West Palm Beach Washington, DC ............. . . . . . . . . . . . . .......... .......... ...-...... ......... ......... ......... .......... ......... . ........... .......... .......... ......... ............. ...........-.. .-........... ..... ....... ............. .........-.... ............. .............. ............. ......... .............. ......... ............. .......... .............. ......... ............. ....... .. .............. ......... ............. ........ . ... .......... ......... ............. .............................................. .......... .............. :<::t?:.N1~~~~e<:H)li~l'RA~[:}<<>><<< ' , , :::::::::::::::::::CONSTRUCTIONMANAGER.:..: , , , , ' "........'."', , .<.:...:.<p.UBLicWORKS1CiiYHALt,<< ,,'" ,',',',',',',',','," ,<<> <<<<:i7.(jO(;ot.J\le:N:fioN(;eN,.E~DRIVE>< . 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':. fNV.Qf(;ENO,:. ~: ..:.:.131..:......:.:.:. .::..:.:: > CLIENT: NO: '032002842 > ..................... ................... ..................... .................... .................. ......... ................ ............... ..... ...... ........... ......... .......... ......... ................................................................. .................... ............................................................... .................. ................................................................. ........... ................................................................ ................................................................. ................................ , ',', ,',',',', ',',',',...'. '. <'.'. '.'...........'........ ....,.... ~cPMJMp.j;{(}JEGf No;:o~~h ~~Q:3~.OO~..'..........""" , .............. . ............... ............. .......... ......... RE: BASS MUSEUM - RENOVATION AND EXPANSION - EXTENDED CONSTRUCTION ADMINISTRATION. SERVICES RENDERED 02/24/01 to 03/30/01. PROFESSIONAL SERVICES HOURS RATE AMOUNT PROJECT ARCHITECT BERLER, STEVE 20.00 95.00 1,900.00 PROJECT ENGINEER AGUIRRE, LOUIS 4.00 95.00 380.00 24.00 TOTAL AMOUNT DUE FOR SERVICES $2,280.00 TOTAL AMOUNT DUE THIS INVOICE $2,280.00 PA v{) - fA ~i-t.- (07~~ { 3fI~. OJ STEVE BERLER PROJECT ARCHITECT UNLESS NOTIFIED WITHIN 10 DAYS, THIS INVOICE IS CONSIDERED ACCEPTABLE AND WILL ACCRUE INTEREST AFTER 30 DAYS IF UNPAID, INVOICES UNPAID AFTER 30 DAYS MAY CAUSE WORK TO BE INTERRUPTED, SPILLlS CANDELA & PARTNERS, INC SPILLIS CANDELA & PARTNERS INTERIORS SPILLIS CANDELA /WARNECKE Spillis Candela & Partners, Inc 800 Douglas Entrance Coral Gables, Florida 33134 305/444 4691 Coral Gables Orlando West Palm 8each Washington, DC ................. ................. . . . . . . . . . . . . . . . . . ................. ............. ." .............. ." ,- ........... ..... .. ,,-... ................ .-. .. ... ................ ... ........ .............. ....... ... .......... ......... ..... .... .. .... "'" ....... . ......... ... ......... ,.. .. ... '" .. ............... ... ................. ... ... .. ..... ............... ................ ..... .... .. ;..:...:.:...fO;..MI(.;JORGECHARTAANO...:.,.,....:,....:....:.......:.:...::..:...:.::..:.::......:::..:...........::.:.:...:....:..;..:...ri.Afif:...:..:...:....::::...:..::051.toI6.1:.:::.:....:.. :...::::::.::..:.:...:.~~@r~{J9119NMA%~E~'..:..'..:,.....:.:':....:.:...::..::::....:::..:..:..:.:.:::.:::..,:...:.:'.::.:.:.;:::::.'...P.R{j~~~t:jo;j9.;~:::::~9~~;~i),3,9:...:.::.: ER~'~m~~!~~~~!~~~;I!~;j~~i ........... .......... . . . . . . . . - . . . . ............. ............. .......... .......... .......... ......... .......... RE: BASS, MUSEUM - RENOVATION AND EXPANSION - EXTENDED CONSTRUCTION ADMINISTRATION. SERVICES RENDERED 03/31/01 to 04/27/01. PROFESSIONAL SERVICES HOURS RATE AMOUNT PROJECT DIRECTOR RIVERO, EMILIO 5.00 140.00 700.00 PROJECT ARCHITECT BERLER, STEVE 13.50 95.00 1,282.50 PROJECT ENGINEER AGUIRRE, LOUIS 9.00 95.00 855.00 FERNANDEZ, JOSE 2.00 95.00 190.00 SPEC., WRITER GARCIA, ALICIA 1.00 95.00 95.00 ENGINEER LOSA, GONZALO 2.00 90.00 180.00 32.50 TOTAL AMOUNT DUE FOR SERVICES $3,302.50 TOTAL AMOUNT DUE THIS INVOICE $3,302.50 STEVEBERLER~ ~ PROJECT ARCHITECT UNlESS NOTIFIED WITHIN 10 DAYS, THIS INVOICE IS CONSIDERED ACCEPTABLE AND WILL ACCRUE INTEREST AFTER 30 DAYS IF UNPAIO, INVOICES UNPAIO AFTER 30 DAYS MAY CAUSE WORK TO BE INTERRUPTED, SPILUS CANDELA & PARTNERS, INC SPILUS CANDELA & PARTNERS INTERIORS SPILUS CANDELA /WARNECKE Spillis Candela DMJM October 16, 2001 Invoice No 32113032,0030-0000133 architecture engineering planning interiors Federal Tax 10 No. 95.2084998 MR. JORGE CHARTRAND CONSTRUCTION MANAGER PUBLIC WORKS CITY HALL 1700 CONVENTION CENTER DR. MIAMI BEACH FL 33139 PLEASE MAIL CHECK TO: Spillis Candella DMJM 800 Douglas Entrance Coral Gables, Rorida 33134 (305) 444-4691 OR WIRE TRANSFER PA YMENT TO: Daniel, Mann, Johnson, & Mendenhall Bank of America Concord, California Bank Routing Number: 121000358 Account Number 06002-05331 Please Reference Invoice and Job Numbers with Remittance Project: 32113032.0030 BASS MUSEUM-EXT. CIA SERV CLlENT# 032002842 Professional Services: August 25, 2001 through September 28, 2001 Professional Personnel Hours Rate Amount ARCH. - PROJECT ARCH/DESIGNER BERLER, STEVEN Totals Total Labor 23,00 23,00 95.00 2,185.00 2,185.00 2,185.00 Total this invoice $2,185.00 UNLESS NOnFIED WITHIN 10 DA YS, THIS INVOICE IS CONSIDERED ACCEPTABLE AND WILL ACCRUE INTEREST AFTER 30 DA YS IF UNPAID. INVOICES UNPAID AFTER 30 DA YS MA Y CAUSE WORK TO BE INTERRUPTED, ~dd ~ Authorized Signature Spillis Candela DMJM Wire Transfer Payment to: AECOM Technology Corp Bank of America Dallas, Texas Account No. 3751826462 ABA No. 111000012 Remit Payment to: DMJMH+N Drawer #100206 Atlanta, GA 30384 800 Douglas Entrance, North Tower, 2'" Floor, Coral Gables, FL 33134 Telephone: 305.444.4691 Fax: 305.447-3578 Architecture Imerior Architecture Engineering Planning Program Management Federal Tax ID No. 95-4739674 , .' MR. JORGE CHARTRAND CONSTRUCTION MANAGER PUBLIC WORKS CITY HALL 1700 CONVENTION CENTER DR. MIAMI BEACH FL 33139 August 13,2002 Invoice No: 32113032.0030-0000134 Please Reference Invoice and Job Numbers with Renuttance Project: 32113032.0030 BASS MUSEUM-EXT. CIA SERV CLlENT# 032002842 Professional Services: October 1, 2001 through August 9, 2002 Professional Personnel Hours Rate Amount ARCH. - PROJECT MANAGER BERLER, STEVEN Totals Total Labor 34,50 34.50 125,00 4,312.50 4,312.50 4,312.50 Total this invoice $4,312.50 Unless notified within 10 days, this invoice is considered acceptable. Finance charges at 1.1/2% per month, or applicable percentage designated by law, on the unpaid balance will accme after 30 days. If tenns otherwise specified in Contract Agreement, Contract Terms apply. \ ~.~ Authorized Signature Spillis Candela DMJM 800 Douglas Entrance Coral Gables, Florida 33134-3119 305/4444691 MEETING NOTES Date: June 20, 2002 Subject: Bass Museum of Art Project Close Out SCDMJM Project No. 032113032.0030 Date of Meeting: June 17, 2002 Place of Meeting: City Hall - City of Miami Beach Prepared by: Steve Berler Attending: Deborah Klem Steve Berler Michael Kerwin Todd Osborn Jorge Chartrand Timothy Hemstreet (part time) Spillis Candela DMJM Spillis Candela DMJM Spillis Candela DMJM URS City of Miami Beach City of Miami Beach Participants are requested to respond to the writer within 10 days (from above date) with additions or modifiC:ations to these notes, after which time they shall be considered a complete and accurate record of key items disclissed in the meeting. Items are not necessarily listed in order of discussion. . Spillis Candela DMJM requested a meeting to begin project close out discussions "":lh the City, to define the basis of negotiations and to gain final release from the project. 111e following issues were discussed: 1. S. Berler gave a status report on the memo from URS / Property Management regarding field observations of installed mechanical equipment and as-built documents. Two of the five items were clarified (OAU-1 and ACE-4), more time is needed to C:neck submittals for unit PS-1, more information is needed from the observers regarding the comment on the installed damper, and a site visit might be required to confirm t~e bag filters. 2. S. Berler began a general discussion to define the issues and bt:isis for negotiations. The outstanding invoices for extended construction administration totaling $15,022.92 were noted and clarified as time spent addressing contractor iSSL!eS such as extensive punch list verification, water intrusion issues, terrazzo issues, stucco repair, painting and roof warranty. 3. The discussion then moved to the various HV AC issues. It was noted that over the last 21 months Spillis Candela DMJM has vigorously cbserved, investigated and provided recommendations to fine tune and bring the installed system into design criteria parameters. Time spent by Spillis Candela DMJM staff for this effort has been tracked in a separate charge number, and has not been invoiced. This time if billable would equal Meeting Notes June 17, 2002 Page 2 approximately $73,000. Costs incurred by Spillis Candela DMJM also include fees paid to GFS Consulting Inc. for field testing and analysis that equal $9,728. Previous reduction of our extended administration fees by $29,083.85 for three proposal requests that were corrective measures for the HVAC system are also outstanding invoices to be resolved. 4. Jorge Chartrand provided a status update on the HVAC modifications and wood floor installation. The last HVAC recommendation from Spillis Candela DMJM issued 1/16/02 is currently in process - the two units for the Art Storage and Loading Dock have been installed but not yet connected to the controls system. The floor is complete, and this will allow for the re-deployment of the hydrothermographs into the gallery space to record the temperature and relative humidity. The City wants to finish the current work, educate the staff on the system and to have the system re-balanced. Jorge noted that Property Management has identified one individual that will be trained and assigned to provide maintenance and quick response to any alarms triggered by a malfunction in the system. 5. It was noted that the system has been reviewed by URS, TLC, Johnson Controls, Dr. Stolow and others, and that the conclusions reached indicate that the design should produce the environmental conditions required for the facility. Todd Osborn noted that the system has been operating recently in a more consistent fashion and generally within the design criteria with the exception of two areas - Art Storage and the Loading Dock. 6. The City stated that it is not ready to close the project and release Spillis Candela DMJM because more time is needed to observe the HV AC system after the latest modifications, and to see if the system will operate in an extended consistent fashion within the criteria. Also of concern to the City is the low humidity conditions experienced during the winter months. Tim Hemstreet stated that the museum recorded approximately 100 days of readings with relative humidity levels too dry. URS will provide the temperature and relative humidity readings from the museum staff for our review. The discussions then centered on whether or not a humidification system should have been provided within the design. S. Berler stated that our position as outlined in the 1/11/01 letter from Jorge Porro has not changed, and that the concerns for indoor air quality and maintenance issues associated with humidification systems remain. Also noted were three local museums that were contacted (Miami Art Museum, North Miami Museum of Contemporary Art, Wolfsonian), and confirmed that their environmental systems do not include humidifier provisions. It is Spillis Candela DMJM's position that this fact illustrates the HVAC design is within industry standards for museum facilities in this area and climactic zone. The City contends that irregardless of the frequency of low humidity periods, a system to add humidity into the facility should have been provided within the design in order to maintain the design criteria, and if low humidity readings next winter show that this condition exists more than a few days in the season -- the City will expect Spillis Candela DMJM to provide a humidification system design as part of our basic services. The costs for equipment and installation would be borne by the City. Meeting Notes June 17, 2002 Page 3 7. M. Kerwin expressed concern that Spillis Candela DMJM is being held totally responsible for a sensitive mechanical system that is in other's hands, and is affected by maintenance and users at the facility which has been occupied for approximately two years. The City recognizes these concerns and described the access to the system as limited to Property Management only, and the City noted that Spillis Candela DMJM has been included through notice of all modifications to the system. M. Kerwin went on to say that the facility is ending up with a system with a level of equipment and sophistication that the original construction budget never allowed, and that Spillis Candela DMJM has made significant contributions towards that end. The City countered that although they were aware of the budget constraints on the project, a search of the files has not shown a written notification of these concerns by the professional was received by the City. 8. D. Klem noted that in order to properly define the basis of the close out negotiations, and to bring Spillis Candela DMJM's insurance carriers up to current status, a document will be produced that will list all invoices for costs incurred by the firm to date, inclusive of the previously deducted fees totaling $29,083.85. 9. The meeting ended with J. Chartrand and T. Osborn stating that if the system provides three to four months of consistent operations while allowing for minor adjustments of set points coinciding with climactic conditions, they see no issues with the City settling with Spillis Candela DMJM and providing final release from the project. cc: J. Chartrand - City of Miami Beach T. Hemstreet - City of Miami Beach T. Osborn - URS D.Klem, M. Kerwin, J. Cruz, M. Iglesias - Spillis Candela DMJM