2010-27402 ResoRESOLUTION NO. 2010-27402
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE FINAL PARK PROJECT
BUDGET FOR LINCOLN PARK, IN THE AMOUNT OF $13,085,000.
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 April 22, 2009, the City Commission approved, on second and final reading, a
Second Addendum to the Development Agreement, providing for approval of the Final Garage Budget,
in the amount of $17,085,000, and amending the Design-to and Preliminary Park Project Budgets from
$14,960,000, to $13,085,000; and
WHEREAS, the Second Addendum also waived the "Key .Man" requirement for Gehry
Partners, LLC., to be the Architectural Consultant for the Park Project and further authorized NWS to
proceed in preparing aselection/solicitation for a new A/E firm for the Park Project, pursuant to a
competitive process to be approved by the City Manager, and requiring further that 'the City
Commission must approve the new recommended A/E firm; and
WHEREAS, on June 1, 2009, NWS, through its Development Manager Hines Limited
Partnership (NWS/Hines), embarked. on an RFQ process to identify a new design professional for the
Park Project; and
WHEREAS, on July 15, 2009, the City Commission approved City Manager/Administration
recommendation to select the top-ranked firm of West 8 New York, ("West 8" or "the Architect"), a
world-renowned landscape architectural firm based in Rotterdam, the Netherlands; and
WHEREAS, on March 10, 2010, the City Commission approved Resolution No. 2010-27358,
approving the Basis of Design Report (BODR) /Park Project Concept Plan, which summarized the set
of principals and fundamental design concepts for the Park Project, as welt as approving the Design-to
and Preliminary Park Project Budgets, in the amount of $13,085,000;
WHEREAS, on April 6, 2010, the plans for the Park Project were approved by the City's Design
Review Board; and
WHEREAS, on April 27, 2010, in an effort to maintain a schedule that would have the Park
Project completed as close as possible to the anticipated opening of the Campus Expansion,
NWS/Hives, issued a Request for Proposals to a list of pre-qualified general contractors (as
determined by NWS and its team), to undertake construction or the Park Project; and
WHEREAS, on May 12, 2010, proposals were received from three (3) firms, all of which
submitted pricing estimates that were within range of the Preliminary Park Project Budget; and
WHEREAS, NWS/Nines is recommending Valley Crest Landscape Development, Inc. (Valley
Crest) as the general contractor for the Park Project; and
WHEREAS, based on the recommendation for the award of a guaranteed maximum price
contract to Valley Crest, NWS/Nines is recommending a Final Park Project Budget, in the same
amount as the Preliminary Park Project Budget, $13,085,000; and
WHEREAS, upon the City Commission's approval of the Final Park Project Budget, NWS will
proceed to enter into and execute a guaranteed maximum price contract with Valley Crest, for
construction of 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
Final Park Project Budget for Lincoln Park, in the amount of $13,085,000.
PASSED and ADOPTED this 26th day of May, 2010.
TTI ERRERA B WER, MAYOR
ATTEST:
~ ~~~
ROBERT PARCHER, CITY CLERK
t:Wgenda\2010\May 26\Regular\Lincoln Park GMP.doc
APPROVED AS TO
FORM & LANGUAGE
Ft~N EXECUTION
1ttt~rney ~-~
COMMLSSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the Final Park Project
Budget in the amouht of $13,085,000 for Lincoln Park .
Ke Intended Vutcome 5u orted:
Increase community rating of cultural activities and ensure well maintained 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 Final park Project Budget?
Item summary/Kecommendation:
On June 1, 2009, subsequent to a decision by Gehry Partners not to serve as the Architectural Consultant for the Park
compohent, NWS, through its Development Manager Hines Limited Partnership (NWS/Nines), embarked on an RFQ
process to identify a new design professional for the Park Project. On July 15, 2009, the City Commission approved City
Manager/Administration recommendation to select the top-ranked firm of West 8 New York, ("West 8" or "the Architect"), a
world-renowned landscape architectural firm based in Rotterdam, the Netherlands.
On March 10, 2010, the City Commission approved Resolution No. 2010-27358, approving the Basis of Design Report
(BODR) /Park Project Concept Plan, as well as the Design-to and Preliminary Park Project Budgets, in the amount of
$13,085,000. During the meeting NWS/Nines was encouraged by the Commission to coordinate completion of the Parkas
close to the formal opening of the Campus Expansion as possible, which is anticipated to occur in mid-January, 2011.
On April 6, the plans for the Park Project were approved by the Design Review Board, clearing the way for NWS/Nines and
West 8 to fast-track delivery of the final plans and specifications, together with a final proposed Park Project Budget for
consideration by the City Commission before June, 2010.
On April 27, 2010, in an effort to maintain a schedule that would have the Park completed. as close as possible to the
anticipated opening of the Campus Expansion, NWS/Nines, issued aRequest for.Proposals to alist ofpre-qualified general
contractors to undertake construction or the Park. On May 12, 2010, three proposals were received, whose pricing
estimates were within .range of the Preliminary Park Project Budget. Following an extensive analysis .and accelerated
negotiation effort, NWS/Nines has selected Valley Crest Landscape Development, Inc., (Valley Crest) as the general
contractor for the Park, based on which NWS/Nines is recommending to maintain the Final Park Project Budget at
$13,085,000.
It is recommended that the City Commission approve the Final Park Project Budget as proposed by NWS/Nines, pursuant
to which, NWS/Nines will proceed to enter into and execute a Guaranteed Maximum Price Contract for the construction of
the Park Project.
Havisory ~soara rcecommendation:
Financial Information:
Source of Funds: Amount -: Account: ~ Approved
TIF OBPI Total $13, 085,000
Financial Impact Summary: $1,990,000 was appropriated in FY 2007/08 to initiate design of the Park Project. The balance of
the funding for the Park Project, in the amount of $11,095,000, was appropriated as part of the FY 2009/10 Capital Budget,
funded from Cit Center Redevelo ment A enc TIF.
^•~- ^~--
~•~< <.~c~r, ~ vuw~ ~e is~ative i racKm
Kent O. Bonde, Redevelopment Coordinator
Sign-Offs:
Redevelopm nt Coordinator .. ~.,, sistant...Ci ...Manager ~ ~ ~ .City nage,r`: :.
Uv U
m MIAMIBEACH
U
AGENDA ITEM ~~Q
DATE S-Z~O-I()
® 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 Miami, Beach City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 26, 2010
SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE FINAL PARK PROJECT BUDGET,
IN THE AMOUNT OF $13,085,000 fOR LINCOLN PARK..
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
FUNDING
Pursuant to Resolution No. 2009-27056, the approved Design-to and Preliminary Park
Project Budgetfor Lincoln Park is $13,085,000, of which $1,990,000 was appropriated in FY
2007/08 to initiate design of the Park Project. The balance of the funding for the Park
Project, in the amount of $11,095,000, was appropriated as part of the FY 2009/10 Capital
Budget, funded from City Center Redevelopment Agency TIF.
BACKGROUND
On January 5, 2004, the City and the New World Symphony (NWS) entered into a Lease
and Development Agreement, providing for the development of the NWS' Campus
Expansion Project (Campus Expansion), on the 17th Street surface lot between Drexel and
Pennsylvania Avenues. World-renowned Architect, Frank Gehry, was engaged to design the,
Project, which will include astate-of-the-art building incorporating educational, performance
and Internet broadcasting facilities, and a 550-space municipal parking garage with ground
floor retail space (the Garage). The Project will be complimented by a public .park to be
located on the surface lot between Drexel and Washington Avenues (the Park Project), as
well as certain. other land and streetscape improvements surrounding the entire Project site.
On February 20, 2007, the City and NWS executed the First Addendum to the Development
Agreement, addressing the respective parties' scope and responsibilities pertaining to the
design and construction of the Garage, the Park Project, and the additional street and
landscaping improvements.
The Campus Expansion officially broke ground on January 24, 2008, and continues to move
forward, with an anticipated completion in the Fall, 2010.
On April 22, 2009, the City Commission approved, on second and final reading, a Second
Addendum to the Development Agreement, 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 $1.3,085,000.
In September 2009, construction began on the Garage, with Substantial Completion on the
garage portion expected by the end of May.
Miami Beach City Commission Memorandum
Lincoln Park Basis of Design Report
May 26, 2010
Page 2 of 4
On June 1, 2009, subsequent to a decision by Gehry Partners not to serve as the
Architectural Consultant for the Park component, NWS, through its Development Manager,
Hines Limited Partnership (NWS/Nines), embarked on an RFQ process to identify a new
design professional for the Park Project. On July 15, 2009, the City Commission approved
City Manager's recommendation to select the top-ranked firm of West 8 New York, ("West 8"
or "the Architect"), aworld-renowned landscape architectural firm based in Rotterdam, the
Netherlands.
On March 10, 2010, the City Commission approved Resolution No. 2010-27358, approving
the Basis of Design Report (BODR) /Park Project Concept Plan, as well as the Design-to
and Preliminary Park Project Budget, in the amount of $13,085,000, reflected as follows:
Total Architectural/Engineering Cost $1,527,000
Total Construction Cost $10,085,000
Total Tax/Insurance Cost $300,000
Total Owner Expenses $0.00
Total General/Admin Costs $573,000
Total Contingency Cost $600,000
Total Project Cost $13,085,000
During the meeting, NWS/Nines was encouraged by the Commission to coordinate
completion of the Park as close to the formal opening of the Campus Expansion as possible,
which is anticipated to occur in mid-January, 2011.
On April 6, 2010, the plans for the Park Project were approved by the Design Review Board,
clearing the way for NWS/Nines and West 8 to fast-track delivery of the final plans and
specifications, together with a final proposed Park Project Budget, for consideration by the
City Commission before June, 2010.
Analysis
On April 27, 2010, in an effort to maintain a schedule that would have the Park Project
completed as close as possible to the anticipated opening of the Campus Expansion,
NWS/Nines, issued a Request for Proposals to alist ofpre-qualified general contractors (as
determined by NWS and its team), to undertake construction or the Park Project, including
the design-build of the "ballet bar" speaker enclosure structure and the projection tower.
The proposers were required to use certain pre-approved subcontractors in developing their
proposals, including Caylex Architectural Fabrication, which had been selected through a
separate RFP process, for the design-build of the pergola structures; Pro Sound as the
supplier of the projection system; and Signature Trees & Palms for the landscaping
materials, (including the Veitchia palms, the live oaks and flowering trees).
Three bids were submitted on May 12, 2010, all of which submitted pricing estimates that
were within range of the Preliminary Park Project Budget. Following an extensive analysis of
the proposals, NWS/Nines is recommending Valley Crest Landscape Development, Inc.
(Valley Crest) as the general contractor for the Park Project, with whom NWS/Nines has
negotiated a construction contract amount not to exceed $9,500,000 (not including the AIPP
allocation in the amount of $352,155). Further detail pertaining to the selection and
negotiation process is provided in the attached correspondence from Hines, dated May 20,
2010.
Miami Beach City Commission Memorandum
Lincoln Park Basis of Design Report
May 26, 2010
Page 3 of 4
Based on the recommendation to award of the Construction Contract to Valley Crest,
NWS/Nines is recommending a Final Park Project Budget in the same amount as the
Preliminary Park Project Budget, totaling $13,085,000.
Total Architectural/Engineering Cost $1,650,000
Total Construction Cost $9,800,000
Total Tax/Insurance Cost $300,000
Total Owner Expenses $0.00
Total General/Admin Costs $573,000
Total Contingency Cost $762,000
Total Project Cost $13,085,000
It should be noted that the decrease in the construction cost line item from the Preliminary
Park Project Budget has been offset by increases in architectural/engineering costs and
contingency, in order to address any issues involving the design-build elements (pergola
structures and ballet bar), as well as the likelihood of having to engage special inspectors to
oversee placement of the highly complex foundations to support them.
Additionally, as noted in the attached correspondence from Hines, the proposed construction
cost includes a project acceleration bonus of $100,000, in order to achieve substantial
completion of the Park Project by the end of December, so as to coincide with the
anticipated opening of the Campus Expansion inmid-January, 2011. This bonus decreases
incrementally if the target date is missed until it is reduced to zero by January 1, 2011. In
order to commit to this aggressive schedule, Valley Crest requires access to the entire site,
including removal of the construction trailer compound, on or before June 15, 2010.
In order o move all construction trailer off site, the City is contemplating leasing office space
at the 77717th Street. This will allow for the site to be unencumbered for the construction of
the various park elements.
Additionally, building permits will need to be in place within the same time frame and Valley
Crest will need to secure permission to work extended hours, including nights and
weekends. Should conditions preclude Valley Crest from being able to commit to an
accelerated schedule, a bonus amount will not be paid and the Park Project Budget will be
reduced accordingly.
Lastly, pursuant to the direction of the City Commission, a security system has been priced
for consideration by the Commission. Due to the unique conditions and late evening
programming of the park, and 'the installation of highly specialized sound and projection
equipment, it may be advisable to include aclosed-circuit (CCTV) camera system
throughout the Park. This suggestion is based on the unique circumstances of this specific
park, its location and programming. This is in no way a suggestion that the City should
consider similar security devices in our other parks or public spaces. The cost for this
additional improvement is $225,000 that should come from the budget's contingency cost.
This will leave a.contingency cost of $537,000 which is 5.5% of the total construction cost.
Should additional funds be needed in the future, further appropriations will be needed.
Miami Beach City Commission Memorandum
Lincoln Park Basis of Design Report
May 26, 2010
Page 4 of 4
Conclusion
Based on the foregoing recommendations from NW/Hines, it is recommended that the City
Commission approve the Final Park Project Budget in the amount of $13,085,000. Pursuant
to the Development Agreement, the approved Final Park Project Budget represents the final
hard and soft construction costs approved in connection with the design, development, and
construct of the Park Project. Following approval of the budget by the City Commission,
New World Symphony will proceed to enter into and execute a Guaranteed Maximum Price
Contract for the construction of the Park Project.
Attachment
JMG:JGG:KOB
Attachment
T:WGENDA\2010\May 12\Regular\Lincoln Park GMP Memo.docx
May 20, 2010
Mr. Jorge Gomez
Assistant City Manager
City of Miami Beach
1600 Convention Center Drive
Miami Beach, I'lorida 33309
Via. E-Mail and Band delivered
Lincoln Parlc Project
Re -Request for Approval of Filial Park Project Budget and Award Construction
l ~ ~ Contract
Dear Mr. Gomez,
As required by Development Agreement between New World Symphony, Inc.
and the City of Miami Beach we have prepared the following reconnnendation
for award of Constriction Contract for the conshliction of the Park adjacent to
New World Symphony campus expansion currently called Lincoln Park and
request approval of the Final Park Project Budget.
On April 22, 2009, the City Conmlission approved on second and filial reading a
Second Addendum to the Development Agreement between the City of Miami
Beach and the New World Symphony, Inc. dated January 5, 2004 providing for
approval of the Design-to Park Project Budget of $13,085,000.
On July 15, 2009, the City Commission approved the City
Manager/Administration recommendation to confirm the Evaluation
Conunittee's unanimous reconunendation of West 8, a world-renowned
landscape architectural firm based in Rotterdam, the Netherlands as Architect of
Record for Lincoln Park.
After award of the design to West 8, we requested recommendations from design
team and City staff for names of contractors to review the park desigll at specific
milestones to inform the design process with input from contractors on cost and
constructability. We discussed the project with more than thirty contractors
includirlg general CO11traCtOrS and specialty contractors. We shared the design
and progress plans with the contractors who showed an interest in the project and
who had the capability to constrict a park with these unique elements and
finishes.
After receipt of approval of park design fi-om Design Review Board on April 6,
2010, we prepared a list of General Contractors to receive a Request for Proposal
(RFP) for General Contractor to construct the Park. On April 27, 2010, we
Pa e 1 of 3
New World Symphony 1672 Drexel Avenue Miami Belch, Florida 33139 (305) 535-6284 (305)36-7696 FAX
issued the RFP to five general contractors. We received Proposals on May 12,
2010 front three firms and two .firms declined to bid. We interviewed the three
firms on May 13, 2010. Mr. Jorge Gomez and Mr. Kent Bonde participated in
the interviews.
Based on information provided in Proposals, information provided in response to
interviews and with review and approval from West 8, we recommend award of
Construction Contract to Va1leyCrest Landscape Development, lnc.
(ValleyCrest). We have negotiated a Construction Contract with ValleyCrest.
The Canstniction Contract amount will be less than $9,500,000. When the Art in
Public Places AiPP allocation of $352,155 is included the total construction cost
is less than the Total Construction Cost of $10,085,000 as included in Design-to
Park Project Budget as stated in Second Addendum to the Development
Agreement.
Va1leyCrest is the apparent low bid and, also, has conunitted to a constntction
schedule that provides for completion of the park to coincide with the grand
opening of the New World Symphony campus expansion during the last half of
January 2011. To accomplish this, ValleyCrest requires access to the entire site,
the removal of all site office trailers and storage containers fiom project site and
the necessary Building Pei-~nits by or before June 15, 2010. h1 addition, they
need to aiTive at a consensual at-~•angement to allow them to work extended hours
including extended or multiple shifts and Saturdays as may be required.
ValleyCrest's proposal imputes an arbitrary value for achieving this schedule of
$100,000. We have redefined this amount as a Schedule Adherence Bonus that
is eanled only if the Contractor achieves the completion requirements as set forth
in the Contract.
Based on approval of award of Consttliction Contract to ValleyCrest, we submit
for your approval the Final Park Project Budget in the amount $13,085,000.
Total Architectural/Engineering Cost $1,650,000
Total CoiZStiliction Cost $9,800,000
Total Tax/Illsurance Cost $300,000
Total Owner )/x eases $0.
Total General/Adnun Costs $573,000
Total Contingency Cost $762,000
Tot11 Project Cost $13,085,000
We look forward to meeting with you, the Mayor and the City Commission on
May 26, 2010 to discuss this recommendation and the Final Park Project Budget.
Page 2 of 3
Sin/cerely,
1~
~~
;~
~~~ ~ ~tfli~ v B arr
CC ~ avid Phillips, New World Symphony
Page 3 of 3
~4.~ ~ ~S ~
,t t
Yt .
...^y
I ®_. `~~ANI~~EA~H
- . - . '-
CITY OF MIAMI~.EACH
NOTICE OF A SPECIAL''
'CITY COMMISSION MEETING
NOTICE IS HEREBY given that_a Special 1 ~nu~~ ;ibi I ~r ting will be held by;t;
ifie ~liy Commission of the;C,ity of Miami 9 ;di. Honda on:~May 26 2010,%~~
commencmg:aflO 00 ~A.M:;' m~the~Co~ ~ni ,~. ~~~ r hambers;;3rd tloor~C~ty.
Hall 17.00 Convention'Ceiii~u Un.~ 1.1iinu h~ ~ n'9onda to~adopt the;fina;
I Lincoln Pe k ~ ~;ect 2 ,~!~~ ~t - -
I In addrtii~n tn~ ;~r ~;~• a iis,u n n~a~, ~J is nth~,r 'rt. 1?~r n „ al~~thr.'.
meeting:',
I~iu~in ~s.~ ~ n ~ in,~~~ tlii, m~-~tinu should L~ ii~rvrie J t~ tl ~ Cit L1 3ii r~ci ~ai
~R~br~iE.Faien~-i Ci[} l Ieih
~( ~, ~f Miami BE~ar.h'_ -~
Fu~:.rint t >~ ii~;n _ ~ 'i;,:, R,i `,t:~``Ihr ~ h; h?r f ~ dd;is the I~ul~li.;
F Vii+~fa_pei5unueciaest<<,I~pr~l in,aeci i ~madebytheCityComnuvsiun>,~
A ~tr respect Yo ariy matter gun i~l_~ed~at it meetino or. ~ts'6ean"n~a :such"~
I r on must ensure that ,; vrrf ~tim ~~^ ~"'~
~t'.thE I r a Ings i ~adQ
'r'
f ~hi~h ~~PrM ~ ides thi h~siini~n, end eviaence~ul rn vhirh the il!pc.d ~i
i, w r~ ~~~~ ~~ li,~!~ noticr _ioe ~~i can:trtute:con;r,nt h~,~ rhr,:Citvfor-thr:~
;-intro lu;f~. ~ ~~r ~:rinii inii:of=oth~ s.ise"ih,i 1~n: ,i~lc n~ ire ~I;,rin~ .i~ence:T
nord,,~~ it nrtnuii~r, uP~~P< °ppeal~ t~itier i ~I!o°,v~ I r, laa:t~ ~7
~To rE lu~~Ut thi~lnaienal ui .j~, essible format efr~'n pi„ duilr int r~ et~~u.~~~
inf_r~ i+;on ~r , ~,~~ r,rl erson to 1i~:~1 i ~n ~, arna ~in, ~~ r:~ mini ihtio~n
t ~a~~~r~ in it ~ ~ineni oF,partrcip tF'in 1n rf~ , ,n ed i ~ r 'inq --
f h 3 ~ ~.ont~ t i u ~ 6O4xZ483~'(vou f~ ~ f ~ ~;~ 7 ~I i rY; fig i, ~ir f
.' is ins F~ tr in ti ~r ;~~u~ r°auest ~~ ~;r: in 3 ~ i~.u~c~li ,11~!~' niJ,i R ~la~,
~:i,e~ - .. ... gd~6C6:
24NE I >'THURSDAY M~Yr20 2010