Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - May 20, 2014
REVISED May 20, 2014 - Regular Meeting
Agenda Item #65

Mitigation, Access & Settlement Agreement with Sutter Roofing Company of Florida re: Repairs to the Emergency Operations Center Roof.


Contact and/or Presenter Information

Tom Yarger, Division Manager, Property Management, x 3003 
James A. Minix, Chief Assistant County Attorney
Jo Ann Grace, Legal Assistant, x 3750

Action Requested

The County Attorney's Office and the Property Management Department request approval of and authority for the Chairman to execute a Mitigation, Access & Settlement Agreement between Manatee County and Sutter Roofing Company of Florida as a settlement of prospective litigation.

Enabling/Regulating Authority
Section 125.01, Florida Statutes.         

Background Discussion

Manatee County began to actively research roof problems associated with the Emergency Operations Center (EOC) roof in February of 2013.  It hired Karins Engineering Group, a structural engineer, to assist with the review of the roof and to determine possible causes for the roof issues.

After much investigation and multiple meetings with the original design engineer (HOK), general contractor (Balfour Beatty), and roofing sub-contractor (Sutter Roofing), and their respective legal counsel, there were, however, still questions concerning the possible causes for the moisture under the roof that caused the blistering on the roof. A second consultant, Williams Building Diagnostics, a forensic architectural firm, was also hired by Property Management to assist. 

After further investigation, testing, and document review, it was determined that the lightweight structural concrete used during the original roof construction was holding moisture. That was due, in part, to the composition of the concrete. But a documented severe rainfall event during the placement of that concrete is believed to have contributed to the moisture issue.

This information was presented to the group, including Balfour Beatty, Sutter Roofing, HOK, legal counsel, and various County representatives, by Williams Building Diagnostics and Karins Engineering. 

Based upon the above, Balfour Beatty and Sutter Roofing proposed to assist the County in the remediation of the roof and offered four options varying from a mechanically fastened system to a new roof over the existing roof. All four options were evaluated by the engineering consultants and each has been rejected for a variety of reasons that are further discussed in the attached Roof Remediation Evaluation Report prepared by the consultants.

Subsequently, a fifth option was proposed by Williams Building Diagnostics in a Supplementary Roof Remediation Evaluation dated March 14, 2014 (attached), which focused specifically on a Wind Vented Roofing System that would rely on pressure equalization to achieve the sufficient wind speed required by the FEMA Grant for construction of the facility. After much discussion with the company representatives and an engineer familiar with the system, Williams believes the system will work. 

In an attempt to bring the consultants to a consensus, we met with them and an engineer, architect, and general contractor familiar with the 2001 Company wind vented system to better understand how it functions. After much discussion, it was determined that the 2001 Company pressure equalization wind mitigation roofing system is the best alternative available to bringing the roof wind load resistance back to a wind load capacity required by the FEMA Grant for construction of the Emergency Operations Center.

Manatee County and Sutter have agreed to the attached Mitigation, Access and Settlement Agreement with the added language by Sutter in paragraph 4 that is acceptable to County staff. It states that the County releases claims relating to Sutter's work and the claims that the County might want to make against the General Contractor (BBC) based on its performance in constructing the original EOC roof. With this language in place, BBC could not make indemnification claims against Sutter since all claims against BBC based on its work and performance will be released. In other words, BBC cannot be sued by the County for any of Sutter's work or performance on the roof repairs. 

   The contract and exhibits have these important provisions:

  • A total contract amount of $379,130.
  • A 30-year perpetual care manufacturer warranty.
  • A 200 mph wind rider warranty.
  • A wet roof substrate drying warranty rider.
  • An accelerated work schedule of four weeks instead of six weeks.

BBC has offered $40,000 to the County to be applied toward the remediation project, in exchange for the County releasing BBC from any further roof-related liability.  That offer is currently pending with staff and will be sent to the Board for its consideration.  If approved on May 20, 2014, Sutter can begin work on the roof on May 27, 2014, with an expected four week completion date of June 23, 2014.

The County Attorney's Office and Property Management Department both recommend approval of the Mitigation, Access, and Settlement Agreement.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

See attached Mitigation, Access, & Settlement Agreement between Manatee County and Sutter Roofing Company of Florida with Exhibits A (Sutter's Roof Mitigation Plan) and B (Sample Warranties).

Also attached is the analysis of the four proposals made by BBC and Sutter Roofing submitted by Williams Building Diagnostics and Williams' Supplemental Roof Remediation Evaluation.

Reviewing Attorney

Instructions to Board Records

Please electronically return a fully executed copy of this agenda memorandum with related documents to: joann.grace@mymanatee.org
Thank you.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs
One-time Payment

Attachment:  Roof Remediation Evaluation.pdf
Attachment:  Supplementary Roof Remed Eval.pdf
Attachment:  Exhibit A & B.pdf
Attachment:  Agreement-Sutter EOC.pdf