HomeMy WebLinkAbout495-2005 RDA Reso
RESOLUTION NO. 495-2005
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF
THE REDEVELOPMENT AGENCY 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 APPROPRIATING FUNDS, IN
THE AMOUNT OF $19,335, FROM CITY CENTER
REDEVELOPMENT AGENCY FUNDS.
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 Spillis Candela
DJMJ (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 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 HV AC 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, the Administration also recommends that an appropriation from City
Center Redevelopment Agency funds be approved 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 CHAIRMAN AND
MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI
BEACH, FLORIDA, that the Chairman and Members of the Redevelopment
Agency approve final payment to the firm of Spillis Candela DMJM, in the amount
of $19,335, for completion of consulting services on the Bass Museum
Expansion and Renovation Project, and further appropriate funds, in the amount
of $19,335, from City Center Redevelopment Agency funds.
PASSED AND ADOPTED this the 12th
ATTEST:
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CITY CLERK HAIRMAN
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CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY SUMMARY
m
Condensed Title:
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY 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 Chairrnan and Mernbers of the Redeveloprnent Agency adopt the Resolution?
Item Summa {Recommendation:
On March 26, 1995, the City entered into an Agreernent with the firrns of Spillis Candela & Partners (SC &P)
and Arata Isozaki and Associates (Isozaki) for consulting services for the Bass Museurn of Art (the Project).
On Decernber 3, 1997, the City Cornrnission 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 rnonths.
The Project consisted of the renovation of an existing facility and the construction of a new building. The
Project received substantial cornpletion on Septernber 2000. Final closeout and a Final Certificate of
Occupancy were obtained in May 2002 and final payrnent Danville-Findorff, Inc. (DFI) was approved by the
City Cornrnission on May 29, 2002. Final payrnent to the consultant, (SC&P), was withheld due to pending
issues regarding the HV AC systern and the relative hurnidity levels in the building. As a result, the City asked
its Prograrn Manager for facilities, URS Corporation (URS), to exarnine the HV AC issues and recornrnend a
solution. URS and SC&P did not recornrnend wholesale changes to the overall HVAC systern. They also did
not recornrnend the addition of a hurnidification systern in view of the fact that hurnidity levels in the South
Florida area are generally acceptable for the conditions required in an art rnuseurn. Although URS and
SC&P had not recornrnended the installation of perrnanent hurnidifiers, the Bass Museurn staff strongly
recornrnended inclusion of the units. The cost of adding these units was estirnated at about $60,000 and it
was recornrnended that funds be appropriated frorn Convention Developrnent Tax funds. The installation of
the hurnidifiers was cornpleted by Decernber 2003. Since that tirne the systern has functioned within the
pararneters expected. In rnost instances, when hurnidification has been required due to outside arnbient
conditions, the systern has functioned properly and has provided levels satisfactory to the rnuseurn staff as
well as to the requirernents of art collection lenders. In sorne instances, for very short periods of tirne,
although these periods have been reduced, the hurnidity levels have not achieved the expected optirnurn
levels. Based on the results obtained by the added hurnidification for the past several rnonths the City
entered into final negotiations to closeout the consulting agreernent. Final payrnent, in the arnount of
$19,335, consists oftirne expended while providing additional Construction Adrninistration services during
the extended period of construction until cornpletion and closeout of the agreernent with DFI. 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 assurnption of responsibility for the hurnidity levels, and their
cornpliance with contractual obligations, staff now recornrnends that final payment, in the arnount of $19,335,
be issued. Staff also recornrnends that an appropriation frorn City Center Redeveloprnent Agency funds be
approved in order to rnake final payrnent. A final release will be provided to the City by SC&P holding the City
harrnless for an and all future liabili on the ro'ect. The Ci will rovide a sirnilar release to SC&P.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of p.ppr9'l(ed
Funds:
Finance Dept.
stant City Manager
CMC
AGENDA ITEM 3A
DATE /-I;1-{)5
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WNW.miamibeachfl.gov
MIAMI BEACH REDEVELOPMENT AGENCY MEMORANDUM
To: Chairrnan and Mernbers Date: January 12, 2005
of the Redeveloprnent Agency
From: Jorge M. Gonzalez, Executive Director Jv-O
SUBJECT: A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE
REDEVELOPMENT AGENCY 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 APPROPRIATING FUNDS, IN
THE AMOUNT OF $19,335, FROM CITY CENTER REDEVELOPMENT
AGENCY FUNDS.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funding is available from the 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, Spill is 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 Manager for facilities, U RS Corporation (U RS), to examine the HV AC 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 recommend 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 July 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 work at no charge to the City.
The installation of the humidifiers, incorporation into the building systems 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 ofthe 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 HV AC 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 of 4
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 Spillis 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
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Septernber 22, 2004
City of Miami Beach
Mr. Timothy Hemstreet
Capitallrnprovement 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 systern
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 concems 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
systern, and Spillis Candela DMJM agreed to provide professional services to accomplish the
design and installation of the systern. 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 concems, 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 License AA 0003298
AN AECOM COiVl/'AI\.\'
spilliscandela
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
Staternent 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 return it to our
office.
Sincerely,
----~~if~~~
Steven P. Berler
Project Manager
Senior Associate
CC: D.Klern, J. Cruz, I. Gonzalez - Spillis Candela DMJM
J. Chartrand - City of Miarni Beach
Spillis Candela & Partners, Inc
BOO Douglas Entrance Coral Gables, Florida 33134 30514444691
Corat Gables Onando 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
_11il~r~~~I*f.~~_
BASS MUSEUM - EXPENSES
E130 11101101 032113032.0000 EXPENSES
E135 11112101 032113032.0000 CONSULTANT EXPENSES
$1,645.42
$420.00
$1,645.42
$420.00
L129
L130
L131
L132
L133
L134
BASS MUSEUM - EXTENDED CONSTRUCTION ADMINISTRATION
02114101 032113032.0030 LABOR
03112101 032113032.0030 LABOR
04120/01 032113032.0030 LABOR
05/17/01 032113032.0030 LABOR
10119/01 032113032.0030 LABOR
08/14102 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
$0.00