HomeMy WebLinkAbout2001-24494 RESO
RESOLUTION NO. 2001-24494
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECT
COMMITTEE, AUTHORIZING AN AMENDMENT IN THE AMOUNT
OF $61,436 TO THE PROFESSIONAL SERVICES AGREEMENT
ENTERED INTO BY AND BETWEEN THE CITY OF MIAMI BEACH
AND THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT
SERVICES, DATED OCTOBER 6, 1999, FOR CONSTRUCTION
MANAGEMENT OF THE COLONY THEATER RENOVATION
PROJECT, FOR A TOTAL REVISED CONTRACT AMOUNT OF
$111,336.
WHEREAS, on October 6,1999, the Mayor and City Commission adopted Resolution No. 99-
23348, authorizing the City to execute a Professional Services Agreement with the State of
Florida, Department of Management Services (DMS), for construction management of the
Colony Theater, in the amount of $49,900; and
WHEREAS, on March 6, 2000, DMS authorized RJ. Heisenbottle (Architect), to proceed with
programming and conceptualladvanced schematic design phases for the expansion and
renovation of the Colony Theater; .and
WHEREAS, the programming phase involved an extensive process, during which input was
received from the operator and users of the Colony Theater; the City's Historic Preservation
Officer; Property Management; and the Planning and Zoning Department; and
WHEREAS, based on the information gathered, the Architect presented a two alternative design
concepts to address expansion of backstage areas, ADA requirements and other identified
improvements; and
WHEREAS, since the proposed design alternatives exceeded the available budget by a
minimum of $1,614,514, the Administration worked with DMS and the Architect to value
engineer the design; and
WHEREAS, on December 15,2000, the Architect presented two options involving a new design
scheme; and
WHEREAS, according to the Architect, the design cannot undergo further value engineering
without adversely impacting the scope and purpose of the Project; and
WHEREAS, the Administration concurs with this assessment and recommends proceeding with
the first of the two options (Option "A"), involving the addition of 7,950 square feet to the
Colony Theater, for a total estimated cost of $4,615,000; and
WHEREAS, the Project has secured financing through a combination of sources, totaling
$2,200,000; and
WHEREAS, the total anticipated cost of the Project exceeds available funding by $2,424,711;
and
WHEREAS, in Fiscal Years 2001-02 and 2002-03, the Administration stands to receive an
additional $1,000,000 in funds from the Florida Department of State, Cultural Facilities Grant
Program, which is contingent upon a 2-for-l match from the City, which may include other grant
funds; and
WHEREAS, the Administration intends to use the National Park Service Award, in the amount
of $700,000, as a portion of the match, and recommends appropriating $1,415,000 from
available 1998B Tax Increment Revenue Bond funds to make up the difference and cover the
cost ofthe Project; and
WHEREAS, on April 18,2001, the RDA Board referred The Administration's request for
funding to the City's Finance and Citywide Project Committee (Committee) for consideration;
and
WHEREAS, the Committee met on May 14, and voted in favor of appropriating the funds,
subject to reaching a settlement on the acquisition of the American Riviera Real Estate
Company (nAblonn) property as part ofthe Library site assemblage; and
WHEREAS, on May 30, a settlement on the Ablon parcel was reached, resulting in the
Committee reaffirming its decision to recommend the requested funding for the Colony Theater;
and
WHEREAS, at the time DMS was engaged by the City to manage the design and construction
ofthe Colony Theater, the total estimated cost of the Project was $1,750,000, which was a rough
estimate based on an earlier conceptual design by Zeidler Roberts, Inc.; and
WHEREAS, the Agreement between DMS and the City provides for DMS to receive a fee
equivalent to 2.85% of the total budget, or $49,900, which was based on this early estimate; and
WHEREAS, the Agreement also provides that if the Project budget increased in excess of
$250,000, the fee to DMS would increase by 2.5% of the revised budget in excess of
$1,750,000; and
WHEREAS, based upon the difference between the original and current estimated Project cost,
DMS's fees will increase by $61,436, for a total of $111,336.; and
WHEREAS, the Finance and Citywide Project Committee recommended to amend the
Agreement with DMS to administer the project.
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 authorize an Amendment, in the amount of $61,436, to the Professional Services
Agreement between the City and the State of Florida, Department of Management Services, for
Construction Management of the Colony Theater Renovation Project, in accordance with the
provisions set forth in the original Agreement executed on October 6, 1999.
PASSED and ADOPTED this 27th day of June, 2001.
AYOR
ATTEST:
~}f~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ail IAIJOJ IJ~ G -/ Po;
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F:\CMGJ{\AGENDAI:ZOOl\j!lntZ1\t:OIlael!.t\coklllyns.doc:
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.u5
COMMISSION MEMORANDUM NO.
If :;'0-0 I
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. GOnZaleZ~/L.
City Manager
DATE: June 27, 2001
FROM:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECT COMMITTEE, AUTHORIZING
AN AMENDMENT IN THE AMOUNT OF $61,436 TO THE PROFESSIONAL
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
BEACH AND THE STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES, DATED OCTOBER 6, 1999, FOR
CONSTRUCTION MANAGEMENT OF THE COLONY THEATER
RENOVATION PROJECT, FOR A TOTAL REVISED CONTRACT AMOUNT
OF $111,336.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On October 6, 1999, the Mayor and City Commission adopted Resolution No. 99-23348, authorizing
the City to execute a Professional Services Agreement with the State of Florida, Department of
Management Services (DMS) for construction management ofthe Colony Theater.
On March 6, 2000, DMS authorized R.J. Heisenbottle (Architect), to proceed with programming and
conceptual/advanced schematic design phases for the expansion and renovation of the Colony
Theater.
The programming phase involved an extensive process, during which input was received from the
operator and users of the Colony Theater, the City's Historic Preservation Officer, Property
Management and the Planning Department. Based on the information gathered, the Architect
presented three alternative design concepts to address expansion of backstage areas, ADA
requirements and other identified improvements. The alternatives involved expanding the Colony
into and over the alley on the south side of the building, expanding below grade (basement), or
expanding to the east by incorporating a portion ofthe adjacent privately owned property. Since the
adjacent property was not for sale, the Architect focused on developing advanced schematics and
related cost estimates for the two former alternatives, involving the basement scheme and the alley
scheme. Given the extent of the improvements/enhancements identified during the programming
Agenda Item R7 C
Date ~-.:Z7-C'J/
phase, including but not limited to ADA and other code required modifications, performance and
storage needs and the historic preservation scope, and given the size limitation of the existing
structure, the Architect had to exercise significant creativity in developing the two designs.
The Administration's position has always been that the project must be designed and built within
the available budget, which as of the date of this report, comprises the following funding sources:
County Cultural Arts GranVPACT:
ADA Improvements (Bond Fund 351)
Florida Dept of State Cultural Facilities Grant:
Cultural Arts Council Loan
Nat'l Park Service - Save America's
Treasures Grant:
Total Budget:
$ 775,000
$ 60,000
$ 500,000
$ 165,000
$ 700,000
$2,200,000
Less:
Dept of Management Services Fees
R.J. Heisenbottle (Architect) Fees
Total Expenses to Date:
$ 49,900
$ 47,930
$ 97,830
Total Remaining Budget:
$2,102,170
On September 21, the Architect presented the two schemes to City staff and DMS. The cost
estimates (hard costs alone) were $3,924,949 for the basement scheme and $3,815,914 for the alley
scheme, both of which exceeded the remaining budget by a minimum of $1,614,514. Both schemes
involved approximately $800,000 in additional soft costs, and in the case of the alley scheme, an
estimated additional $1.4 million to relocate utilities in the alley. Since this time, a number of
additional meetings have been held with the operator of the Colony Theater, the City's Historic
Preservation Officer, the Planning and Zoning, Property Management Directors and DMS Staff and
the project's Architect to value engineer the design and attempt to scale back the project within
budget.
On December 15,2000, the Architect presented a new scheme, which calls for the removal of the
rear 45 feet of existing building, construction of a new stage house, small second and third floor
service areas behind the stage, a fourth floor "Backstage" area, elevator, stairs, and the addition of
a new vestibule and exterior access ramp to provide ADA access to the stage. The historic
preservation scope involves removing the existing marquee and storefront on Lincoln Road to its
original historic appearance and modifying the interior lobby, office and concession area to be more
consistent with the building's original design. The Architect presented an A and B option for this
scheme, involving different size additions to the facility. The "A" option involves the addition of
7,950 square feet and is the least costliest ofthe two, at approximately $3.6 Million. The "B" option
comprises a 9,520 square foot addition, for a total construction/hard cost of $4.5 Million. Plans
reflecting these options are included with this report. According to the Architect, the design cannot
undergo further value engineering without adversely impacting the scope and purpose of the project.
The Administration concurs with this assessment and recommends proceeding with Option "A".
According to DMS, the total estimated cost of the project, inclusive of soft costs, would be
approximately $4,615,000. This amount reflects revised fees for DMS, pursuant to the provisions
of its Contract Agreement with the City.
At the time DMS was engaged by the City to manage the design and construction of the Colony
Theater, the total estimated cost of the project was $1,750,000. This figure was at best, a rough
estimate based on an earlier conceptual design by Zeidler Roberts, Inc. The Contract Agreement
between DMS and the City provides for DMS to receive a fee equivalent to 2.85% of the total
budget, or $49,900, which was based on this early estimate. The Agreement also provides that if the
project budget increased in excess of $250,000, the fee to DMS would increase by 2.5% of the
revised budget in excess of $1,750,000. As such, based upon the difference between the original and
current estimated project cost, DMS's fees will increase by $61,436, for a total of $111,336.
As indicated earlier, the project has secured financing through a combination of sources, totaling
$2,200,000. Ninety (90%) percent of the funding comprises County, State and Federal Grant
monies. The total anticipated cost of the project exceeds available funding by $2,424,711. In Fiscal
Years 01-02 and 02-03, the Administration stands to receive an additional $1,000,000 in funds from
the Florida Department of State, Cultural Facilities Grant Program. This funding however is
contingent upon a 2-for-l match from the City, which may include other grant funds. As such, the
Administration intends to use the National Park Service Award, in the amount of $700,000 as a
portion of the match, and recommends appropriating $1,415,000 from available 1998B City Center
Tax Increment Revenue Bond funds to make up the difference and cover the cost of the project. As
a City-owned facility in the City Center Redevelopment Area, the Colony Theater qualifies for tax-
exempt TIF financing.
Project Cost
Funding
$2,200,000
Total Funding as of3/28/0l
Less:
Actual + Anticipated Soft Costs
Est Hard Costs
Est Total Project Cost:
($2,414,711)
Proposed Additional Funding:
FY 01/02-02/03 Florida Dept of State
Cultural Facilities Grant:
1998B Tax Increment Revenue Bonds
$ 958,544
$3.656.167
$4,614,711
$ 1,000,000
$ 1.414.711
Total:
$4,614,711
$4,614,711
On April 18,2001, the RDA Board referred The Administration's request for funding to the
City's Finance and Citywide Project Committee (Committee) for consideration. The Committee met
on May 14, and voted in favor of appropriating the funds, subject to reaching a settlement on the
acquisition of the American Riviera Real Estate Company ("Ablon") property as part of the Library
site assemblage. On May 30, a settlement was reached. The Committee reconvened on May 30, the
same day a settlement was reached on the Ablon parcel. The Commitee reaffirmed its earlier
decision to recommend the funding requested for the Colony Theater. The Committee also
recommended to amend the Agreement with DMS to administer the project.
A separate Resolution adopting the Committee's recommendation to appropriate City Center TIF
funds is included on the RDA Board's Agenda for today's meeting.
Pursuant to the Committee's recommendation and subject to the approval of the RDA Board, the
Architect will proceed with design development and construction drawings, which collectively
should take approximately nine months to finalize, barring any delays with the Historic
Preservation and/or Design Review process. Permitting, cost estimating and contractor bidding and
selection, are anticipated to take an additional four to five months, extending the planning, design
and pre-construction phases through May 2002.
This timeframe coincides with the Colony Theater's desire to commence construction during the
Summer months. It is anticipated that construction will take approximately a year to complete. The
anticipated schedule as follows:
Preliminary Schedule: Colony Theater Renovation
Architectural:
(inclusive of DRB & HPB review process)
Design Development (DD)
Construction Documents (CD)
2002
Pre-Construction:
Contractor bidding and selection
Contractor Estimate D.D.s
Contractor GMP @ 75% CDs
Permitting (CMB/County)
Construction:
Notice to Proceed:
Substantial completion
Completion
Start
End
April 19, 2001
June 19,2001
June 19,2001
January 14,
April 19, 2001
June 19,2001
July 3, 2001
Dee 10,2001
May 2002
May 2002
May 2003
June 2003
Subject to the appropriation of the necessary TIF funds by the RDA Board, the Administration
recommends amending the Professional Services Agreement with the State of Florida, Department
of Management Services for construction management of the Colony Theater.
JMG/c9!it:KOB
Attachments
T:\agenda\200 I \June27\colonydms.doc
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
BUILDING CONSTRUCTION (BC)
4050 ESPLANADE WAY, SUITE 135
TALLAHASSEE, FLORIDA 32399.0950
AMENDMENT TO AGREEMENT BETWEEN
CLIENT AND AGENT
BC PROJECT NUMBER:
COMB-99042000
PROJECT NAME AND LOCATION:
Renovations and Restoration
The Colony Theatre
City of Miami Beach, Florida
CLIENT:
City of Miami Beach
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Jeb Bush
Governor
Cynthia A. Henderson
Secretary
99042000cOMB_AMD I.DOC
THIS AMENDMENT
made this 71h day of June in the year Two Thousand and One
BY AND BETWEEN BUILDING CONSTRUCTION (BC), DEPARTMENT OF MANAGEMENT SERVICES,
ST ATE OF FLORIDA, hereinafter called the AGENT or BC, and
City of Miami Beach
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
herinafter called the CLIENT or OWNER.
WITNESSETH, that whereas the Client entered into Agreement with the Agent on the 20th day of
October, 1999 for the purpose of implementing this project; that whereas the Client and Agent now wishes
to amend the Agreement to add additional funding in the amount of $2.814,711.00 and to increase the
Agent's fees; that whereas these are the reasons for this Amendment.
NOW THEREFORE, BCand the Client, for the considerations hereinafter set forth, agree as follows:
GENERAL: All Articles and Exhibits not specifically addressed in this Amendment shall remain in full
force.
1. Article 2. The Project Budget is as shown in the attached Exhibit II, which Exhibit II by reference
and attachment hereto forms a part of this Agreement.
2. Article 3. The Proposed Schedule is as shown in the attached Exhibit ill, which Exhibit ill by
reference and attachment hereto forms a part of this Agreement.
3. Article 7. BC's administrative fees for the various project management services are based on
services as shown in Exhibit II and shall be as follows:
ONE HUNDRED ELEVEN THOUSAND THREE HUNDRED THIRTY SIX DOLLARS
($111,336.00)
If the Project Budget is increased in excess of $4.314.711.00. BC's fee may be increased by 2.5%
of the revised budget in excess of $4.314.711.00.
4. Article 8. The balance of BC's administrative fees prescribed in Article 7 hereinabove, will be
invoiced once for the total amount due and the CLIENT will issue a Purchase Order to Be:. The
Purchase Order will identify a Fiscal Contact Representative to be responsible for all payments
under this Agreement. Payments are to be made in Q. quarterly payments against the
invoicelPurchase Order based on a 26 month final completion date.
The Client agrees to pay the Agent a total administrative fee of $111.336.00 for its services
prescribed in Article 7. As of this date, BC has already invoiced the CLIENT for $49.900.00 based
on the original agreement. As of March 13,2001, $39.912.00 has been received, with a balance due
of $9.988.00 (two monthly payments of $3.326.00 and one final payment of $3.336.00). BC will
invoice the CLIENT for the balance of its fee in the amount of $61.436.00 upon execution of this
Agreement and the CLIENT agrees to pay BC in ~ quarterly payments of $10.239.00 each and one
final quarterly payment of $10.241.00.
$61,436.00 + 6 Quarters = $10,239.33
5 Equal Quarterly Payments of $10,239.00
I Final Quarterly Payment of $10,241.00
2
IN WITNESS WHEREOF, the parties herelo have executed this Agreement the day and year fIrst written above.
CLIENT
CITY OF MIAMI BEACH
As Witnessed:
APPROVED:
BY~} ~
By
B~~~,'/1:4~
V I (E- J--{ Pr YDfU
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~-d"-ol
DlIIe
AGENT
BUILDING CONSTRUCTION
DEPARTMENT OF MANAGEMENT SERVICES
STATE OF FLORIDA
As Witnessed:
APPROVED:
BY~<Mu~ ))O~
By t1e!fltQ
Chief of Staff
Approved As To Form and Legality:
By
of General Counsel
t of Management Services
State of Florida
3
EXHIBIT II
OWNER'S PROJECT BUDGET
CONSTRUCI10N BUDGET
PROGRAMMING
ARCHITECT-ENGINEER BASIC SERVICES
AUTHORIZATION #1 - MEASURED DRAWING
AUTHORIZATION #2 - ESTIMATING
AUTHORIZATION #3 - SCHEMATIC DESIGN & CONSTRUCI10N ESTIMA1E
AUTHORIZATION #4 - COST ESTIMA'TES
AUTHORIZATION #5 - TSG DESIGN SOLUIlONS
AUTHORIZATION #6 - MEASURED DRAWINGS
AUTHORIZATION #7 - LANDSCAPE DESIGN
AUTHORIZATION #8 - COST ESTIMA1ES FOR DD & CD
INDEMNIFICATION
MISCELLANEOUS ADS & REPRODUCI10N COSTS ALLOWANCE
SOIL BORING ALLOWANCE
'TESTING OF CONCRE1E ALLOWANCE
'TEST & BALANCE ALLOWANCE
CONNECI10N FEE ALLOWANCE
ASBESTOS SURVEY ALLOWANCE
FF&E ALLOWANCE
COMMUNICATION ALLOWANCE
INSPECI10N FEES ALLOWANCE
FIRE MARSHAL FEES ALLOWANCE
CONTINGENCY ALLOWANCE FOR OTIlER ITEMS
DMSFEE
TOTAL
$3,356,167.00
3,500.00
313,690.00
3,000.00
3,000.00
7,840.00
3,000.00
16,765.00
8,000.00
4.000.00
8.500.00
10.00
2,500.00
8.000.00
20.000.00
15,000.00
25.000.00
5.000.00
100.000.00
75.000.00
22.000.00
7.500.00
195.903.00
111.336.00
$4.314.711.00
4
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RESOLUTION NO. 2001-24494
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECT
COMMITTEE, AUTHORIZING AN AMENDMENT IN THE AMOUNT
OF $61,436 TO THE PROFESSIONAL SERVICES AGREEMENT
ENTERED INTO BY AND BETWEEN THE CITY OF MIAMI BEACH
AND THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT
SERVICES, DATED OCTOBER 6, 1999, FOR CONSTRUCTION
MANAGEMENT OF THE COLONY THEATER RENOVATION
PROJECT, FOR A TOTAL REVISED CONTRACT AMOUNT OF
$111,336.
WHEREAS, on October 6,1999, the Mayor and City Commission adopted Resolution No. 99-
23348, authorizing the City to execute a Professional Services Agreement with the State of
Florida, Department of Management Services (DMS), for construction management of the
Colony Theater, in the amount of $49,900; and
WHEREAS, on March 6, 2000, DMS authorized R.I. Heisenbottle (Architect), to proceed with
programming and conceptual/advanced schematic design phases for the expansion and
renovation of the Colony Theater; and
WHEREAS, the programming phase involved an extensive process, during which input was
received from the operator and users of the Colony Theater; the City's Historic Preservation
Officer; Property Management; and the Planning and Zoning Department; and
WHEREAS, based on the information gathered, the Architect presented a two alternative design
concepts to address expansion of backstage areas, ADA requirements and other identified
improvements; and
WHEREAS, since the proposed design alternatives exceeded the available budget by a
minimum of $1,614,514, the Administration worked with DMS and the Architect to value
engineer the design; and
WHEREAS, on December 15, 2000, the Architect presented two options involving a new design
scheme; and
WHEREAS, according to the Architect, the design cannot undergo further value engineering
without adversely impacting the scope and purpose ofthe Project; and
WHEREAS, the Administration concurs with this assessment and recommends proceeding with
the first of the two options (Option "A"), involving the addition of 7,950 square feet to the
Colony Theater, for a total estimated cost of $4,615,000; and
WHEREAS, the Project has secured financing through a combination of sources, totaling
$2,200,000; and
WHEREAS, the total anticipated cost of the Project exceeds available funding by $2,424,711;
and
WHEREAS, in Fiscal Years 2001-02 and 2002-03, the Administration stands to receive an
additional $1,000,000 in funds from the Florida Department of State, Cultural Facilities Grant
Program, which is contingent upon a 2-for-l match from the City, which may include other grant
funds; and
WHEREAS, the Administration intends to use the National Park Service Award, in the amount
of $700,000, as a portion of the match, and recommends appropriating $1,415,000 from
available 1998B Tax Increment Revenue Bond funds to make up the difference and cover the
cost of the Project; and
WHEREAS, on April 18, 2001, the RDA Board referred The Administration's request for
funding to the City's Finance and Citywide Project Committee (Committee) for consideration;
and
WHEREAS, the Committee met on May 14, and voted in favor of appropriating the funds,
subject to reaching a settlement on the acquisition of the American Riviera Real Estate
Company ("Ablon") property as part of the Library site assemblage; and
WHEREAS, on May 30, a settlement on the Ablon parcel was reached, resulting in the
Committee reaffirming its decision to recornmend the requested funding for the Colony Theater;
and
WHEREAS, at the time DMS was engaged by the City to manage the design and construction
ofthe Colony Theater, the total estimated cost of the Project was $1,750,000, which was a rough
estimate based on an earlier conceptual design by Zeidler Roberts, Inc.; and
WHEREAS, the Agreement between DMS and the City provides for DMS to receive a fee
equivalent to 2.85% of the total budget, or $49,900, which was based on this early estimate; and
WHEREAS, the Agreement also provides that if the Project budget increased in excess of
$250,000, the fee to DMS would increase by 2.5% of the revised budget in excess of
$1,750,000; and
WHEREAS, based upon the difference between the original and current estimated Project cost,
DMS's fees will increase by $61,436, for a total of $111,336.; and
WHEREAS, the Finance and Citywide Project Committee recommended to amend the
Agreement with DMS to administer the project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor aod City
Cornmission authorize an Amendment, in the amount of $61,436, to the Professional Services
Agreement between the City and the State of Florida, Department of Management Services, for
Construction Management of the Colony Theater Renovation Project, in accordance with the
provisions set forth in the original Agreement executed on October 6, 1999.
PASSED and ADOPTED this 27th day of June, 2001.
w
AYOR
ATTEST:
~~f~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\CMCR\AGENDA\2001\III.e17\eoueDtleoJOIIyres.doc:
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO.
</ JO-o \
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. GOnZaleZ~iL-
City Manager
DATE: June 27, 2001
FROM:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECT COMMITTEE, AUTHORIZING
AN AMENDMENT IN THE AMOUNT OF $61,436 TO THE PROFESSIONAL
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
BEACH AND THE STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES, DATED OCTOBER 6, 1999, FOR
CONSTRUCTION MANAGEMENT OF THE COLONY THEATER
RENOVATION PROJECT, FOR A TOTAL REVISED CONTRACT AMOUNT
OF $111,336.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On October 6, 1999, the Mayor and City Commission adopted Resolution No. 99-23348, authorizing
the City to execute a Professional Services Agreement with the State of Florida, Department of
Management Services (OMS) for construction management ofthe Colony Theater.
On March 6, 2000, DMS authorized R.J. Heisenbottle (Architect), to proceed with programming and
conceptual/advanced schematic design phases for the expansion and renovation of the Colony
Theater.
The programming phase involved an extensive process, during which input was received from the
operator and users of the Colony Theater, the City's Historic Preservation Officer, Property
Management and the Planning Department. Based on the information gathered, the Architect
presented three alternative design concepts to address expansion of backstage areas, ADA
requirements and other identified improvements. The alternatives involved expanding the Colony
into and over the alley on the south side of the building, expanding below grade (basement), or
expanding to the east by incorporating a portion of the adjacent privately owned property. Since the
adjacent property was not for sale, the Architect focused on developing advanced schematics and
related cost estimates for the two former alternatives, involving the basement scheme and the alley
scheme. Given the extent of the improvements/enhancements identified during the programming
Agenda Item R7 C
Date ~-e27-o/
phase, including but not limited to ADA and other code required modifications, performance and
storage needs and the historic preservation scope, and given the size limitation of the existing
structure, the Architect had to exercise significant creativity in developing the two designs.
The Administration's position has always been that the project must be designed and built within
the available budget, which as of the date of this report, comprises the following funding sources:
County Cultural Arts GrantlPACT: $
ADA Improvements (Bond Fund 351) $
Florida Dept of State Cultural Facilities Grant: $
Cultural Arts Council Loan $
Nat'l Park Service - Save America's
Treasures Grant:
Total Budget:
775,000
60,000
500,000
165,000
$ 700.000
$2,200,000
Less:
Dept of Management Services Fees
R.J. Heisenbottle (Architect) Fees
Total Expenses to Date:
$ 49,900
$ 47.930
$ 97,830
Total Remaining Budget:
$2,102,170
On September 21, the Architect presented the two schemes to City staff and DMS. The cost
estimates (hard costs alone) were $3,924,949 for the basement scheme and $3,815,914 for the alley
scheme, both of which exceeded the remaining budget by a minimum of $1,614,514. Both schemes
involved approximately $800,000 in additional soft costs, and in the case of the alley scheme, an
estimated additional $1.4 million to relocate utilities in the alley. Since this time, a number of
additional meetings have been held with the operator of the Colony Theater, the City's Historic
Preservation Officer, the Planning and Zoning, Property Management Directors and DMS Staff and
the project's Architect to value engineer the design and attempt to scale back the project within
budget.
On December 15, 2000, the Architect presented a new scheme, which calls for the removal of the
rear 45 feet of existing building, construction of a new stage house, small second and third floor
service areas behind the stage, a fourth floor "Backstage" area, elevator, stairs, and the addition of
a new vestibule and exterior access ramp to provide ADA access to the stage. The historic
preservation scope involves removing the existing marquee and storefront on Lincoln Road to its
original historic appearance and modifying the interior lobby, office and concession area to be more
consistent with the building's original design. The Architect presented an A and B option for this
scheme, involving different size additions to the facility. The "A" option involves the addition of
7,950 square feet and is the least costliest of the two, at approximately $3.6 Million. The "B" option
comprises a 9,520 square foot addition, for a total construction/hard cost of $4.5 Million. Plans
reflecting these options are included with this report. According to the Architect, the design cannot
undergo further value engineering without adversely impacting the scope and purpose of the project.
The Administration concurs with this assessment and recommends proceeding with Option "A".
According to DMS, the total estimated cost of the project, inclusive of soft costs, would be
approximately $4,615,000. This amount reflects revised fees for DMS, pursuant to the provisions
of its Contract Agreement with the City.
At the time DMS was engaged by the City to manage the design and construction of the Colony
Theater, the total estimated cost of the project was $1,750,000. This figure was at best, a rough
estimate based on an earlier conceptual design by Zeidler Roberts, Inc. The Contract Agreement
between DMS and the City provides for DMS to receive a fee equivalent to 2.85% of the total
budget, or $49,900, which was based on this early estimate. The Agreement also provides that if the
project budget increased in excess of $250,000, the fee to DMS would increase by 2.5% of the
revised budget in excess of $1,750,000. As such, based upon the difference between the original and
current estimated project cost, DMS's fees will increase by $61,436, for a total of $111,336,
As indicated earlier, the project has secured financing through a combination of sources, totaling
$2,200,000. Ninety (90%) percent of the funding comprises County, State and Federal Grant
monies. The total anticipated cost of the project exceeds available funding by $2,424,711, In Fiscal
Years 01-02 and 02-03, the Administration stands to receive an additional $1,000,000 in funds from
the Florida Department of State, Cultural Facilities Grant Program. This funding however is
contingent upon a 2-for-l match from the City, which may include other grant funds. As such, the
Administration intends to use the National Park Service Award, in the amount of $700,000 as a
portion of the match, and recommends appropriating $1,415,000 from available 1998B City Center
Tax Increment Revenue Bond funds to make up the difference and cover the cost of the project. As
a City-owned facility in the City Center Redevelopment Area, the Colony Theater qualifies for tax-
exempt TIF financing.
Project Cost
Funding
$2,200,000
Total Funding as 00/28/01
Less:
Actual + Anticipated Soft Costs
Est Hard Costs
Est Total Proj ect Cost:
($2,414,711)
Proposed Additional Funding:
FY 01/02-02/03 Florida Dept of State
Cultural Facilities Grant:
1998B Tax Increment Revenue Bonds
$ 958,544
$3,656,167
$4,614,711
$ 1,000,000
$ 1.414,711
Total:
$4,614,711
$4,614,711
On April 18,2001, the RDA Board referred The Administration's request for funding to the
City's Finance and Citywide Project Committee (Committee) for consideration. The Committee met
on May 14, and voted in favor of appropriating the funds, subject to reaching a settlement on the
acquisition of the American Riviera Real Estate Company ("Ablon") property as part of the Library
site assemblage. On May 30, a settlement was reached. The Committee reconvened on May 30, the
same day a settlement was reached on the Ablon parcel. The Commitee reaffirmed its earlier
decision to recommend the funding requested for the Colony Theater. The Committee also
recommended to amend the Agreement with DMS to administer the project.
A separate Resolution adopting the Committee's recommendation to appropriate City Center TIF
funds is included on the RDA Board's Agenda for today's meeting,
Pursuant to the Committee's recommendation and subject to the approval of the RDA Board, the
Architect will proceed with design development and construction drawings, which collectively
should take approximately nine months to finalize, barring any delays with the Historic
Preservation and/or Design Review process, Permitting, cost estimating and contractor bidding and
selection, are anticipated to take an additional four to five months, extending the planning, design
and pre-construction phases through May 2002.
This timeframe coincides with the Colony Theater's desire to commence construction during the
Summer months. It is anticipated that construction will take approximately a year to complete. The
anticipated schedule as follows:
Preliminary Schedule: Colony Theater Renovation
Architectural:
(inclusive of DRB & HPB review process)
Design Development (DD)
Construction Documents (CD)
2002
Pre-Construction:
Contractor bidding and selection
Contractor Estimate D.D.s
Contractor GMP @ 75% CDs
Permitting (CMB/County)
Construction:
Notice to Proceed:
Substantial completion
Completion
Start
End
April 19, 2001
June 19,2001
June 19,2001
January 14,
April 19, 2001
June 19,2001
July 3, 2001
Dee 10,2001
May 2002
May 2002
May 2003
June 2003
Subject to the appropriation of the necessary TIF funds by the RDA Board, the Administration
recommends amending the Professional Services Agreement with the State of Florida, Department
of Management Services for construction management ofthe Colony Theater.
JMG/Cllt:KOB
Attachments
T:\agenda\200l Vune27\colonydms.doc