Attachment 106
~ITY OF MIAMI BEACH
TV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
Ip:\\ci,miami-beach.ll.us
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy \ (L...
City Manager ~
DATE: April 12, 2000
FROM:
SUBJECT:
STATUS REPORT ON CULTURAL CAMPUS
INTRODIJCTION:
The following status report presents information on the Miami Beach Cultural Campus Project
(MBCC), including the Bass Museum Expansion and Renovation, Regional Library, parking and
Miami City Ballet headquarters.
LIBRARY:
I. Site Acquisition: (Attachment A)
Parcel 2- Fruit Stand
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On June 8, 1999 defendants, Rodriguez and Tropical Fruit Palace, accepted the Petitioner's Offer of
Judgment for real estate in the amount of $840,000, plus $119,000 for fixtures. In June 1998, at the
time of the Order of Taking, a deposit in the amount of $692,435 was made. The acceptance of the
Offer of Judgment required an additional deposit of $266,565, plus interest, legal fees and costs. To
date legal fees have been settled at $100,000. The hearing for expert fees and costs scheduled on
November 22, 1999, was postponed by the attorney for the property owner to February 18,
2000. On February 18,2000 the hearing for expert fees and costs was postponed to May 10,
2000.
Parcel 3 and 5-0nyx Night Club and Parking Lot
An Order of Taking was completed in April 1998, and extended possession of the nightclub was
granted to the lessee. The nightclub was vacated in August 1998. Valuation Hearing is pending.
Special Counsel is awaiting information from the defendant to determine if negotiations can be held
with regard to valuation. These materials have not been produced to date. The defendant's
attorney has indicated that these materials will be produced shortly and that a mediation will
be held on April 25,- 2000.
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AGENDA ITEM A
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Commission Memorandum
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Parcel 4-King Property
Completed acquisition in January 1998.
Parcel 6-Ablon
,
The Judge postponed the City of Miami BeaCh hearing set for July 8,1999, until the fees and costs
are paid for the Miami Beach Redevelopment Agency case which was dismissed. The portion of the
legal fees and costs relating to Palm Court were court ordered in the amount of$33,772 at a hearing
on August 4, 1999. The legal fees related to American Riviera were scheduled to be heard at a
hearing on September 7, 1999, but were rescheduled to October 18, 1999 at the request of the
defendant's attorney as his experts were not available to testify. The October 18,1999 hearing was
further postponed pending the outcome of the Executive Session on October 20, 1999, at
which time the City ComJ,llission directed the Administration to prepare the necessary
agreements to finalize a Settlement Agreement with American Riviera in connection with the
acquisition ofthe Ablon and the Chevron parcels. Payment in the amount of $115,000 was
paid for attorney's fees pending the Final Settlement Agreement. On February 23, 2000, the
City Commission approved Final Settlement Agreement with American Riviera and directed
all documents be prepared for approval by no later than the Commission meeting in April
2000.
II. Development of Master Plan
The Master Plan was completed and presented to the City Commission on February 17, 1999. The
City Commission gave approval to proceed with construction documents.
III. Design and Construction
On August 18, 1999, the Design Review Board reviewed an application for a provisional parking
lot at the site of the future Library parking site located at 300 22nd Street. On the same date, the
Historic Preservation Board granted the certificate of appropriateness for demolition of the building
on the site described above. The certificate was approved contingent on the parking lot construction
being consistent with the previously approved design presented by Stem in their Master Plan. The
design of the parking lot was presented to City staff for approval on August 24, 1999 by the Miami
City Ballet (Ballet). The requirements of the Master Plan were discussed and the Ballet agreed to
implement the recommendations. Permit for demolition for the existing building is pending.
On September 21, 1999, Stem presented 100% Design Development documents to the Cultural
Campus Oversight Committee. The documents were acceptable to the Committee and Stem was
directed to continue preparation of final construction documents. Stem also met with the City's
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Commission Memorandum
Cultural Campus Status Report
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Planning Department to review responses to the items included in the DRB/HPB order. Except for
some minor comments, the Stem documents were found to have complied with the order.
Stern has submitted to the City, 95% of the construction documents for review by the appropriate
City departments. Construction documents are to be completed by March 2000. Bidding and award
ofthe project construction contract should pe completed by June 2000, The construction phase is
estimated to be completed by September 2001.
Construction documents for the Streetscape installations related to the Miami City Ballet and the
Bass Museum were advertised for bid on November 24, 1999 and a sole responsible bid received
on December 22, 1999, Stern and City staff recommended award and the contract was presented to
and approved by the City Commission on January 12,2000, Construction began January 24, 2000
and will be completed by mid May 2000.
Stern has also submitted 90% of the construction documents for the remaining portions of the
Cultural Campus Streetscape as identified in the Master Plan and in the design agreement. 100%
submittal is expected in late February 2000 for review. Approvals are expected in April 2000 with
bidding occurring sometime in the Summer of 2000.
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IV. Financial Report
1. Budget
Component Available Budget
Regional Library: (42,000 gross square feet)
(Includes site preparation, NE fees, FF&E,
and computer equipment)
Library Site Acquisition
Parking Spaces (72) on two surface lots:
Park and Streetscape Improvements:
$10,000,0001$239/sq.ft.
$ 1,500,000
$ 100,0001 $1800:tlspace
$ 2.000 000 (I)
Total Available Budget:
$ 13,600,000
(I) Funding for the Park and Streetscape Improvements was included in the General Obligation
Bond issue approved by the citizens on November 2, 1999. Appropriation of the funds for
the Miami City Ballet and Bass Museum of Art portions of the Streetscape project from the
City of Miami Beach Redevelopment Agency was approved at the January 12, 2000
Redevelopment Agency Board meeting. Stern has been directed to provide a fee proposal
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for the construction documents for Collins Park as previously approved in the Master Plan.
This proposal was received in January 2000 and is currently being negotiated. The
Administration expects to bring it to Commission in the first meeting in May, The General
Obligation Bond funds are expected to be in place by the end of March 2000.
2. Expenditures Progress Rel'ort
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Vendor Budget Amount Expended Balance
Robert A. M. Stern $1,370,000 $902,296 $467,704
Streetscape Addt'l Service 72,695 47,251 25,444
Bermello & Ajamil 1l,000 11 ,000 0
(Rotunda Survey)
Sub-totals 1,453,695 960,547 493,148
Construction 8,619,000 0 8,619,000
Site Acquisition 1,500,000 (2)] 615510 (1l5,51O)
, ,
Park & Streetscape 2,000,000 78,000 ] ,922,000
TOTALS $13,572,695 $2,654,057 $10,918,638
(2) This cost represents the Order of Taking of the Onyx property. It does not include the Ablon
property or the portion of the King property.associated with the Library. These amounts will be
reflected when determined.
The City of Miami Beach applied for a $500,000 grant with Florida Department of State, Division
of Library and Information Services for the Library Project. Response from the State on the grant
award is anticipated to be in September 2000. The State notified the City that bidding of the project
prior to the grant award notification can jeopardize the grant.
MIAMI CITY BALLET
The City Commission has adopted an Ordinance amending the Zoning Ordinance to allow for
not-for-profit organizations located on City owned-land or land leased by the City to apply for a
waiver of development regulations. On October 20,1999, the City Commission approved a
waiver of development regulations related to Miami City Ballet's parking requirements. Such
waiver will be applicable up until such time as the Cnltural Campus garage is constructed.
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BASS MUSEUM EXPANSION & RENOVATION:
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I.
Construction
Construction start date was February 5, 1998. Expected construction duration time was twenty (20)
months. Finish of exterior walls is in plac~ and painting of the building exterior is completed.
Installation of terrazzo flooring is complete. The Contractor continues to install finishes and
services in the new addition. Keystone facades are complete. Concrete installation for
building plazas and the interior courtyard began the week of November 1, 1999. Change
Orders in the amount of$190,000 have been approved,
The City continues to monitor the efforts of the contractor to improve on the construction schedule
and the final acceptance date. Currently this date is April 28, 2000 for the overall project. The
contractor has been instructed to work additional hours and Saturdays to improve on the above dates.
Work on the renovation of the existing building has begun and is well under way. On November
16, the contractor requested the opportunity to take over the rest of the existing building in order to
expedite the schedule. The City agreed, but directed Danville to provide a new schedule showing
the gain for the City relative to the previous schedule. Phasing of the project was eliminated in order
~ to expedite the schedule. A credit of $35,000 was negotiated with the contractor due to the
elimination of the phases. At this time, Danville-Findorffis facing an assessment of 101 days of
liquidated damages. They have asked for time extensions which may reduce the late charges. At
this time both the City and Spillis Candela are reviewing the request.
New asbestos was found in a different area in January and abatement was completed by
February 25, 2000. The exterior reflecting pool and sculpture terrace were completed on
February 25, 2000. Work in the interiors ofthe existing building is also well advanced. Some
issues raised by the Fire Marshall have all been addressed and agreed upon. Installation of
these changes has begun and the additional costs are being priced by DFI.
Due to the contract time extensions, Spillis Candela requested additional fees for construction
administration and the Commission approved a not- to-exceed amount of $120,000 on January
12,2000. This will cover the period from September 18, 1999 to March 30, 2000.
II. Financial Report
A meeting was held on March 14, 2000 with representatives of the Friends of the Bass (FOB), the
Bass Museum Administration, City Administration, City Attorney's Office, and Commissioner
Liebman.
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It was agreed that the City would complete the draft of a proposed loan agreement with the FOB.
The funds that will be loaned to the FOB are remaining loan proceeds from the City's loan from the
Gulf Breeze Pool in 1993. These funds were borrowed for another project that has since been
cancelled. The City Commission approved this reallocation of loan proceeds during FY 99. The
term of the loan was also discussed and it was agreed that term would be 13 years, the same as the
term of the City's Gulf Breeze Loan. "
The Bass Museum Administration distributed a new schedule of pledges and advised that the cash
and investments on hand were $558,045. The City Administration requested that the FOB remit the
funds to the City to be used to pay project costs. The FOB indicated that they would bring this
request up at their April Board meeting and seek the Board's approval
The amount to be borrowed was determined to be $1,740,000, which would fulfill the FOB
requirement after the funds on hand of $558,045 are remitted, Trish Walker agreed to prepare
alternatives repayment scenarios.
Subsequent to the meeting, Raul Aguila completed the draft loan agreement and has circulated it for
comments. As soon as the pledges have been put in the proper form and the FOB have reviewed and
__ commented on the loan documents, the loan can be closed.
1. Source of Funds
City of Miami Beach
Friends of the Bass Museum
Cultural Facilities Grants
BUDGET
$3,600,000
2,294,678
2.105.322
$8,000,000
2. Friends of the Bass Museum receivables and cash on hand for project: (Attachment B)
Cash
Receivables
AMOUNT
558,045
1.829.091
Total
$2.387 136*
* Total includes $200,000 to be received from the State of Florida by completion of project for a
grant awarded to the Friends. Also included is the Lesieur Trust revenue projected at $70,000 per
year in perpetuity, starting in 2003 and counted as a total of$1 million.
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Commission Memorandum
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3. Expenditures Progress Report
Vendor Original Amount Expended Balance to Finish
Spillis Candela & Partners $~94,050 $694,050 $0
Danville/Findorff Inc. 6,186,363 5,531,208 655,155
Reimbursables 241,840 187,175 54,665
Contingency 618,637 618,637 0
Specialty Consultants 78,500 75,988 2,512
FF&E 180,610 0 180,610
Totals $8,000,000 $7,107,058 $892,942
Contract award of $6,450,500 to Danville-Findorff, Inc., with selected alternates, exceeded the
original amount of $6,186,363 by $264,137 which was provided from the available contingency
allowance of$618,637. Additional work in the amount of $45,677 for Danville-Findorff, Inc., was
approved at the Commission meeting of October 7, 1998, to be paid from the remaining contingency
funds of $354,500. Additional work in the amount of $16,352 for Danville-Findorff, Inc. was
approved at the Commission meeting of February 3, 1999 to be paid from the remaining contingency
funds of $308,823. Additional work in the amount of $23,732 for Danville-Findorff, Inc. was
approved by the Commission at the meeting of April 28, 1999, to be paid from the remaining
contingency funds of$292,471. Additional work in the amount of $62,679 for Danville-Findorff,
Inc. was approved by the Commission at the meeting of June 9, 1999, to be paid from the remaining
contingency funds of $268,739, leaving a balance of $206,060, Additional work for asbestos
abatement, in the amount of $15,775, for DPC General Contractor, Inc., was approved by the
Commission at the meeting of October 6, 1999, to be paid from the remaining contingency funds
of$206,060, leaving a balance of$190,285. Additional work in the amount of $24,066 for Danville-
Findorff, Inc. was approved by the Commission at the meeting of October 20, 1999, to be paid from
the remaining contingency funds of$190,285, leaving a balance of$166,219. Additional work in
the amount of$I,719 for Danville-Findorff, Inc. was approved by the Commission at the meeting
of January 12,2000, to be paid from the contingency funds of $166,219, leaving a balance of
$164,500. After encumbering the additional services for Spillis Candela and funds for the track
lights required for the building, the contingency funds have been completely expended and there is
now a balance of$O.OO. Additional work in the amount of$17,227 for Danville-Findorff, Inc., was
approved by the Commission at the meeting of March 15,2000, to be paid from Capital Projects
Fund 351. This represents an increase over the original $8,000,000 budget.
T:\AGEND^\2OOO\APRI200\REGULAR\CUL26CAM.MEM
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Regular Agenda
April 12, 2000
City of Miami Beach
,-- ReDorts and Informational Items
A City Attorney Commission Memorandum No, 310-00
City Attorney's Status Report,
(City Attorney's Office)
ACTION: Written report submitted,
SUPPLEMENTAL MATERIAL
Al City Attorney Commission Memorandum No, 317-00
City Attorney's Status Report - Supplemental Additional Cases Filed in court Against the City of
Miami Beach,
(City Attorney's Office)
ACTION: Written report submitted,
B
Commission Memorandum No, 311-00
Status Report on the Cultural Campus,
(City Manager's Office)
ACTION: Written report submitted,
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C Commission Memorandum No, 312-00
Status Report regarding Sunset Islands I and II,
(City Manager's Office)
ACTION: Written report submitted,
D Commission Memorandum No, 313-00
Status Report on the 42nd Street Parking Garage Project,
(Construction Management)
ACTION: Written report submitted,
E Commission Memorandum No, 314-00
Status Report on the Landscaping at the 75th Street Water Tank Replacement Project,
(Construction Management)
ACTION: Written report submitted,
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