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2009-27135 ResoRESOLUTION NO. 2009-27135 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF WEST 8 NEW YORK, INC. AS THE NEW PARK PROJECT ARCHITECT PURSUANT TO, AND AS REQUIRED UNDER, THE DEVELOPMENTAGREEMENT BETWEEN THE CITY AND NEW WORLD SYMPHONY, INC., AS AMENDED. WHEREAS, on January 5, 2004, the City of Miami Beach (City) and the New World Symphony (NWS), entered into a Development Agreement and Ground Lease Agreement (the Agreements), providing for design, development and construction of an educational performance and Internet broadcast facility and exterior screen (formally known as "Soundspace" and now known as the "NWS Campus Expansion Project") and a public parking garage to be located on the westernmost portion of the 17th Street surface parking lots, bounded by 17th Street to the north; North Lincoln Lane to the south; Drexel Avenue to the east; and Pennsylvania Avenue to the west; and WHEREAS, pursuant to the direction of the City Commission on September 8, 2004, and consistent with the Planning Board's August 24, 2004, recommendation, the Project site was expanded east to Washington Avenue to include both surface lots; and WHEREAS, on February 20, 2007, the City and NWS executed the First Addendum to the Development Agreement (First Addendum) which further established the Parties' respective obligations (including processes, scopes for implementation, and estimated costs and budgets for the NWS Campus Expansion, the Garage, and also pertaining to certain Additional Improvements, Infrastructure Improvements, and the design, development and construction of a Park); and WHEREAS, the First Addendum also established the City's Preliminary Budgets for the Garage Project at $15,210,135, and the Park Project at $14,960,000, and approved a $15 million Grant-in-Aid for the NWS building; and WHEREAS, on February 11, 2009, the Finance and Citywide Projects Committee asked NWS to approach Gehry Partners, LLP (Gehry) in an effort to persuade the firm to reduce its proposed fees in connection with design services for the Park Project; and WHEREAS, at the March 10, 2009 Finance and Citywide Projects Committee meeting, NWS informed the City that Gehry wouldn't reduce its fees; and WHEREAS, on April 3, 2009, pursuant to the direction of the Finance and Citywide Projects Committee, NWS (through its Development Manager, Hines Limited Partnership) engaged in a two- phased selection process to select a replacement architect for the Park Project; and WHEREAS, the first phase of the selection process involved the issuance of a Request for Qualifications (RFQ) by NWS/Hines; and WHEREAS, on April 17, 2009, the City received confirmation from NWS advising that Gehry had chosen not to undertake the design of the Park Project, but would be willing to volunteer its time to review plans prepared by a design consultant selected through NWS's selection process, and make recommendations to ensure that the Park Project is designed as close as possible to Gerhy's original vision, within the limitations of the budget; and WHEREAS, on April 22, 2009, the City Commission approved, on second and final reading, a Second Addendum to the Development Agreement, providing for (among other terms) approval of the Final Garage Budget, in the amount of $17,085,000 and amending the Design-to Park Project Budget from $14,960,000 to $13,085,000; and WHEREAS, on June 1, 2009, a total of thirteen (13) proposals were received in response to NWS's RFQ, of which 12 were deemed responsive; and WHEREAS, the proposals were reviewed by an evaluation committee, comprised of three persons appointed by NWS and three persons appointed by the City Manager; and WHEREAS, the purpose of the evaluation committee was to evaluate and recommend a short list of firms for approval by the City Commission, upon which the short-listed firms would then participate in the second phase of the selection process, involving a Request for Proposals (RFP) to develop a preliminary design concept for the Park Project, together with a proposed fee structure and projected construction budget; and WHEREAS, on June 9, 2009, NWS issued correspondence to the City advising that the evaluation committee had selected two firms to be short listed: 1) HargreavesAssociates; and 2) West 8, New York, Inc.; and WHEREAS, NWS further advised that since the selection of the two firms was unanimous, it had decided to proceed with the issuance of the RFP in order to maintain a schedule that would have the Park completed in early 2011, to coincide as closely as possible with the opening of NWS Campus Expansion; and WHEREAS, the short-listed firms submitted their proposals to NWS on July 6, 2009, followed by two publicly-noticed presentations before the evaluation committee, which were held on July 7 and 8, 2009 at the Lincoln Theater; and WHEREAS, on July 9, 2009, the City received correspondence from NWS, advising of the Evaluation Committee's decision to recommend West 8 New York, Inc. as the replacement architect for the Park 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 hereby approve the selection of West 8 New York, Inc., as the new Park Project architect pursuant to, and as required under, the Development Agreement between the City and the New World Symphony, Inc., as amended. PASSED and ADOPTED this 15th day of July, 2009. TI HERR WER, MAYO EST: l~/t~ ROBERT PARCHER, CITY CLER t:Wgenda\2009Uu1y 15\Regular\NWS Lincoln Park Architect Reso.doc APPROVED AS TO FORM & LANGUAGE ' COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the selection of West 8 New York, Inc., as the new Park Project Architect pursuant to and as required under the Development Agreement between the City and the New World Symphony, Inc. as amended. Ke Intended Outcome 5u orted: Increase community rating of cultural activities and ensure well maintained parks facilities. Supporting Data (Surveys, Environmental Scan, etc.): While a majority of residents say that the City has the right amount of cultural activities, approximately 30% of those surveyed say there are too few cultural activities. The NWS Project will significantly enhance the City's attraction as a cultural destination. Issue: Shall the City Commission approve the Evaluation Committee's recommendation on its selection of a Landscape Architect for Lincoln Park? Item Summa /Recommendation: Subsequent to Gehry Partners' decision not to serve as the Architectural Consultant for the design of the proposed Lincoln Park Project, NWS through its Development Manager, Hines Limited Partnership (Hines/NWS) engaged in atwo-phased selection process to select a replacement Landscape Architect for the Park. The first phase involved the issuance of a Request for Qualifications (RFQ) which was facilitated by the City through its distribution and advertising network. On June 1, 2009, a total of 13 proposals were received in response to the RFQ, of which 12 were deemed responsive. The proposals were reviewed by an Evaluation Committee comprised of three persons appointed by NWS and three persons appointed by the City Manager. The purpose of the Evaluation Committee was to evaluate and recommend a short list of firms for approval by the City Commission. The short-listed firms would then participate in the second phase of the selection process, involving a Request for Proposals (RFP) to develop a preliminary design concept for the Park, together with a proposed fee structure and projected construction budget. Initially, the proposed process had the City Commission approving the short-listed firms prior to issuance of the RFP, which would have carried the selection process into the September/October time period. On June 9, 2009, NWS issued correspondence to the City advising that the Evaluation Committee had selected two firms to be short listed -1) Cambridge, Massachusetts-based Hargreaves Associates and 2) West 8, New York, Inc., based in Rotterdam, Netherlands. NWS further advised that since the selection of the two firms was unanimous, that it had decided to proceed with the issuance of the RFP in order to maintain a schedule that would have the Park completed in early 2011, to coincide as closely as possible with the opening of NWS Campus Expansion. The firms submitted their proposals to NWS on July 6, 2009, followed by two publicly-noticed presentations before the Evaluation Committee, which were held on July 7 and 8 at the Lincoln Theater. On July 9, 2009, the City received correspondence from NWS, advising of the Evaluation Committee's decision to recommend West 8 New York, Inc. as the Landscape Architect for Lincoln Park. The Administration recommends approving the Committee's recommendation, which will allow the design ofthe Park to proceed without further dela . Adviso Board Recommendation: Finance & Citywide Projects Committee, Feb 11, Mar 10 and Apr 14, 2009: Recommendation for NWS/Hines to initiate RFQ/RFP Financial Information: Source of Funds: Amount Account Approved OBPI Total Financial Impact Summary: On April 22, 2009, the City Commission approved a 2" Addendum to the Development Agreement between the City of Miami Beach and the New World Symphony, dated January 5, 2004; providing for approval of the Final Garage Budget, in the amount of $17,085,000 and amending the Design-to Park Project Budgetfrom $14,960,000 to $13,085,000, the balance of which shall be a ro riated from Ci Center RDA funds as art of the FY 2009/10 Ca ital Bud et. Ci Clerk's Office Le islative Trackin Kent O. Bonde, Redevelopment Coordinator ~ Redeyetapynent Coordinator ~ Assistant City Manager ~ City Manager ~ M I A I B EAR H AGENdhDA E ~-~ s v9 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 15, 2009 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF WEST 8 NEW YORK, INC. AS THE NEW PARK PROJECT ARCHITECT PURSUANT TO AND AS REQUIRED UNDER THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE NEW WORLD SYMPHONY, INC. AS AMENDED. Administration Recommendation Adopt the Resolution. Fundin Pursuant to the City's Capital Plan, the balance of funding for the Park component, in the amount of $13,085,000 is anticipated to be appropriated as part of the FY 2009/10 Capital Budget, to be funded from City Center Redevelopment Agency TIF. Background On April 22, 2009, the City Commission approved on second and final reading, a Second Addendum to the Development Agreement between the City of Miami Beach and the New World Symphony, dated January 5, 2004; providing for approval of the Final Garage Budget, in the amount of $17,085,000 and amending the Design-to Park Project Budget from $14,960,000 to $13,085,000. During the Commission meeting, part of the discussion focused on trying to persuade Frank Gehry to reconsider his decision not to design Lincoln Park and to put on hold a Request for Proposals (RFQ) process initiated by New World Symphony, through its Development Manager, Hines Limited Partnership, (NWS/Nines) to identify a potential new design professional for the Park. On April 17, 2009, the City received con-espondence from Howard Herring advising that Gehry Partners has chosen not to undertake the design of the Park, but would be willing to volunteer its time to review plans prepared by a design consultant selected through NWS's RFQ/RFP process, and make recommendations toensure that the Park is designed as close as possible to Gerhy's original vision within the limitations of the Budget. The Commission recommended in favor of extending the date for receipt of proposals until such time that further discussion could occur between the City, NWS and Gehry Partners to ascertain its decision regarding the Park. Commission Memorandum -Landscape Architect Selection July 15, 2009 Page 2 of 3 On June 1, 2009, subsequent to Gehry's confirmation of its decision not to serve as the Architectural Consultant for the Park, a total of 13 proposals were received in response to the RFQ, of which 12 were deemed responsive. Pursuant to the two-phased selection process approved by the City, the respondents to this initial RFQ process were evaluated by an Evaluation Committee made up of three persons appointed by NWS and by three persons appointed by the City Manager, which included: For NWS: Neisen Kasdin, NWS Trustee and Chairman on the Board Bruce Clinton, NWS Trustee Helene Lindenfeld, NWS Trustee For the City: Michael Steffens, Chair, Design Review Board Robert Wennett, Developer, 1111 Lincoln Road William Cary, Assistant Planning Director The purpose of the Evaluation Committee was to evaluate and recommend a short list of firms for approval by the City Commission. The short-listed firms would then participate in the second phase of the selection process, involving a Request for Proposals (RFP) to develop a preliminary design concept for the Park, together with a proposed fee structure and projected construction budget. Initially, the proposed process had the City Commission approving the short-listed firms prior to issuance of the RFP, which would have carried the selection process into the September/October time period. On June 9, 2009, NWS issued correspondence to the City advising that the Evaluation Committee had selected two firms to be short listed - 1) Cambridge, Massachusetts-based Hargreaves Associates and 2) West 8, New York, Inc., based in Rotterdam, Netherlands. NWS further advised that since the selection of the two firms was unanimous, that it had decided to proceed with the issuance of the RFP in order to maintain a schedule that would have the Park completed in early 2011, to coincide as closely as possible with the opening of NWS Campus Expansion. The firms submitted their proposals to NWS on July6, 2009, followed by two publicly-noticed presentations before the Evaluation Committee, which were held on July 7 and 8 at the Lincoln Theater. The proposals were subsequently evaluated by the Committee on the basis of the following criteria: - Concept plan, vision and similar projects - Fee structure and amount - Proposed design schedule - Exceptions to proposed Architect Agreement or RFP and confirmation that RFQ response is part of the proposal On July 9, 2009, the City received correspondence from NWS, advising of the Evaluation Committee's unanimous decision to recommend West 8 New York, Inc., as the Landscape Architect for Lincoln Park. The attached letter from NWS describes the Committee's evaluation process and the rationale for its recommendation based on the above-referenced criteria. Commission Memorandum -Landscape Architect Selection July 75, 2009 Page 3 of 3 Conclusion Subject to the City Commission's acceptance and approval of the Evaluation Committee's recommendation, NWS/Nines will proceed to finalize an Architectural Services Agreement for execution by NWS and West 8, by no later than August 1, 2009. The planning and design period is expected to start in early August and take approximately 12 months, and as provided for in the Development Agreement, will involve up to two community design workshops and the submission of a Basis of Design Report (BODR) for approval by the City Commission. Construction is also estimated to take 12 months, resulting in a projected opening date for the Park of September, 2011. JMG:TH:KOB~ Attachments: - RFP Responses from West 8 New York, Inc. and Hargreaves Associates - Letter from New World Symphony dated July 9, 2009 T:\AGENDA\2009Wu1y 15\RegularWew World Symphony Lincoln Paris Architect Selection.doc July 9, 2009 Mr. Jorge Gonzalez City Manager City of Miami Beach OFFICE OF THE CITY MANAGER 1700 Convention Center Drive, Miami Beach, FL 33139 Lincoln Park, Miami Beach, Florida Re: Evaluation Committee Recommendation to Award Landscape Architect Dear Jorge; It is our pleasure to inform you and ask that you notify the City Commission that the Evaluation Committee unanimously recommends award of a contract to West 8 for Landscape Architect-Architect of Record for the park adjacent to the New World Symphony Campus Expansion project, referred to as Lincoln Park. We look forward to meeting with you and the Commission on July 15, 2009 to discuss this recommendation and request City Commission approval to award a contract and proceed with design. Since the signing of First Addendum to Development Agreement dated February 20, 2007, the Park has become an integral part of the development of the New World Symphony Campus Expansion and the City of Miami Beach's City Center Master Plan. The New World Symphony Campus Expansion project is on schedule for completion in the summer of 2010. The Park is an integral part of the master plan for the New World Symphony Campus Expansion. The projection and sound systems in the Park are significant elements of the vision for New World Symphony. At the direction of the City Commission an Evaluation Committee (EC) of six was established consisting of three representatives of City of Miami Beach and of New World Symphony to review responses to Request for Qualifications, determine a short list to receive Request for Proposal, review Proposals and recommend a Landscape Architect for Lincoln Park 541 LINCOLN ROAD MIAMI BEACH, FLORIDA 33139 305-673-3330 FAX 305-673-6749 WWW.NWS.EDU The members of the Evaluation Committee were as follows; City Representatives Robert Wennett, President of UTA Management and developer of 1111 Lincoln Road project Michael Steffens, Architect and Chair of City of Miami Beach Design Review Board William Cary, Assistant Director Planning Department New World Symphony representatives Bruce Clinton, Developer and Chairman of the Clinton Companies replaced by Robert Wislow, Chairman and CEO of US Equities Helene Lindenfeld, Architect and New World Symphony Trustee Neisen Kasdin, Chairman of the Board of Trustees New World Symphony, Partner Akerman Senterfitt On Monday June 1, 2009 at 3:OOPM, we received thirteen (13) responses to Park Request for Qualifications (RFQ) for Landscape Architect. The Evaluation Committee met June 8, 2009 with the purpose of reviewing and discussing responses to the Request for Qualifications and developing a short list of Landscape Architects to receive a Request for Proposal. After detailed discussion the Evaluation Committee determined with unanimous agreement that the short list for RFP should include two firms. The two firms, listed in alphabetical order, are Hargreaves Associates and West 8. After being chosen for proposal submission and prior to their presentations to the Evaluation Committee, representatives of Hargreaves Associates and West 8 met with a group comprised of City, Hines, and New World Symphony staff to review/discuss the parameters of the park design. Both meetings were more than three hours in length and included a site walk through. A Request for Proposal was submitted to the two firms on June 12, 2009. Proposals from the two firms were received on July 6, 2009. The Evaluation Committee met with West 8 in a public meeting for Proposal Presentation and Interview on July 7, 2009 and with Hargreaves Associates in a public meeting for Proposal Presentation and Interview on July 8, 2009. Both meetings were over two hours in length. Following the meeting with Hargreaves on July 8, 2009 the Evaluation Committee deliberated for two hours to discuss the Proposals and determine a recommended firm to design the Park. The Evaluation Committee analyzed the Proposals based on the criteria set forth in the attached Proposal Evaluation and Selection Process dated July 7, 2009. The following is a summary of their conclusions articulated according to each criteria. Concert Plan and Vision and Similar Project (Relevant Project Experience) In less than two weeks between the City/NWS staff briefing and the presentation of their proposal, West 8 did an excellent job of understanding the City and NWS draft programs and interpreting those programs with a highly creative design concept, along with alternatives to that design all of which the Evaluation Committee considered superior, more detailed, more unique, and more carefully conceived than the design concepts presented by Hargreaves. Both firms showed they have the expertise to design a high quality park like that desired for Lincoln Park. Through the examples provided, West 8 demonstrated more experience with dense urban sites in first tier international cities (including London, Singapore, and Rotterdam). The Hargreaves projects, except for South Pointe Park, tended to be in smaller regional centers like Louisville, Portland and Cincinnati. They were more pastoral than urban. While they did present projects in two major metropolitan areas, Houston and Sydney, these projects were not similar in size and scale. The Evaluation Committee felt there was some similarity of design across all their projects and feared that Hargreaves might not respond to the unique aspects of Lincoln Park. Because West8 had not done a project in Miami, the EC wanted to talk with someone who had direct experience working with the firm. During the Evaluation Committee deliberations, Sir Stuart Lipton, who has done two projects in London with West 8, was contacted by conference call with the Committee. He gave extremely high marks to West 8's creativity and adherence to schedule and budget. In summary, he said the West 8 is within a small group of unique international architects who are "place makers." The Evaluation Committee determined that review of Hargreaves Associates references was not required due to Hargreaves previous successful project with City of Miami Beach, South Pointe Park. Fee Structure and Amount and Proposed Design Schedule The EC ranked the proposed fee amount as the second-most important factor in the selection decision. Both firms proposed fees within $10,000 of each other. For all purposes and intents the EC considers the two fees as basically equivalent in terms of base dollars. However, the EC noted with concern that the Hargreaves fee was based on 18-month fast track process with all fee risk transferred to City should the project's duration go beyond 20 months. West 8's fee covered the duration of the project and anticipated as much as a 25 month schedule. Because Hargreaves' fee is contingent on what is an aggressive schedule, the EC felt that the West 8 fee is "safer" and consequently a better value. The design fee for West 8 is within budget for the Preliminary (Design-To) Budget established in the Second Addendum to Development Agreement. Exceptions to Agreement or RFP and Confirmation that RFQ Response is part of Pro osal Each firm received a copy of the Architectural Agreement drafted and previously reviewed by the City and NWS, and each firm was instructed to identify any objections that they would make to such an Agreement. West 8 accepted the agreement with only a few minor qualifications while Hargreaves' proposal included significant reservations to several important contract provisions, such as being responsible to design to the project budget should NWS or the City independently obtain interim construction cost estimates that indicate that the project cost is not within budget, Hargreaves did express a willingness to negotiate terms. Summary In addition to the quantitative evaluation, the Evaluation Committee was impressed with the energy, talent, creativity, portfolio of work, enthusiasm, and commitment to Lincoln Park shown by West 8 and its team. The Evaluation Committee was unanimous in recommending West 8 to design Lincoln Park. T you, owar Herring CC: Evaluation Committee Mr. David Phillips, New World Symphony Mr. Tim Hemstreet, City of Miami Beach Mr. Matthew Barry, Hines LINCOLN PARK -LANDSCAPE ARCHITECT PROPOSAL EVALUATION and SELECTION PROCESS The procedure for RFP response evaluation and selection is as follows: July 7, 2009 1. Request for Proposal issued. 2. Receipt of Proposals. 3. Opening of Proposals and distribution. 4. Proposal Presentation and Interview meetings 5. An Evaluation Committee, consisting of three (3) members appointed by Developer and three (3) members appointed by the City Manager, shall attend Proposal Presentation and Interview Meetings then meet to evaluate each response in accordance with the requirements of the RFP. If further information is desired, Landscape Architect may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 6. The Evaluation Committee will recommend the Landscape Architect to design Park that Evaluation Committee deems to be in the best interest of the City and Developer. THE EVALUATION COMMITTEE SHALL BASE ITS RECOMMENDATIONS ON THE FOLLOWING FACTORS: 1. Concept Plan Vision .and Similar Projects: Fifty (50) Points Provide three (3) projects 2. Fee Structure and amount: Twenty (20) Points 3. Proposed Design Schedule: Fifteen (15) Points 4. Exceptions to Agreement or RFP and Confirmation that RFQ Response is part of Proposal: Fifteen (15) Points Firms were selected to participate in this RFP process on the basis of information provided in your response to Request for Qualifications dated April 3, 2009.