2007-26577 ResoRESOLUTION NO. 2007-26577
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FUNDS,
IN THE AMOUNT OF $90,000, FROM CONVENTION
DEVELOPMENT TAX FUND NO. 442; SAID APPROPRIATION
TO FUND ADDITIONAL SCOPE OF WORK (PHASE III), NOT
ORIGINALLY INCLUDED WITHIN THE JACKIE GLEASON
THEATER ADA AND INTERIOR IMPROVEMENTS PROJECT
(PROJECT); AND SAID APPROPRIATION TO FURTHER FUND
ADDITIONAL PROJECT CONTINGENCY AND ADDITIONAL
ESTIMATED SOFT COSTS ASSOCIATED WITH THIS WORK.
WHEREAS, in 1996, the City retained the architectural firm of R.J. Heisenbottle
Architects, P.A. to conduct a survey of both the Jackie Gleason Theater (JGT) and the
Miami Beach Convention Center (MBCC) to identify those areas that were not in
compliance with the provisions of the Americans with Disabilities Act (ADA) (Project);
and
WHEREAS, on February 9, 2000, an Agreement was executed between the City
and A.R.I. Architects, Inc. (d/b/a: SKLARchitecture) (Consultant), for design services to
undertake this Project; and
WHEREAS, at the City Commission meeting of February 25, 2004, the Mayor
and City Commission awarded the Construction Contract for the JGT ADA and Public
Interior Design Enhancement Renovations, pursuant to Invitation to Bid No. 10-03/04, in
the amount of $1,975,000, to Miami Skyline (Contractor); and
WHEREAS, the City Commission further directed the Administration to negotiate
Alternate #4 (Phase II) with the Contractor, or utilize the City's Job Order Contracting
(JOC) Program, should additional funds become available, and should the City decide to
pursue those improvements at a later date; and
WHEREAS, at the City Commission meeting of May 16, 2007, the City
Commission approved and authorized the Mayor and City Clerk to execute an
Agreement with Live Nation Worldwide, Inc., (Live Nation) for the management and
operation of the JGT; and
WHEREAS, pursuant to the above, the City has agreed to proceed with the
improvements of two (2) of the restrooms included within Phase II (Alternate #4),
estimated to be completed by November 2007, to meet Live Nation's event schedule;
and
WHEREAS, the City has opted to proceed with these improvements with the
Contractor; and
WHEREAS, the City received authorization to appropriate additional funds, in the
amount of $600,000, at the June 6, 2007 City Commission meeting; and
WHEREAS, these funds will finance the construction cost, construction
contingency, and additional soft costs associated with the additional scope of work
(Phase II), estimated at $350,000; and
WHEREAS, pursuant to Live Nation's improvement plans for the JGT, the City
has also agreed to proceed with the construction of a new bar at the south mezzanine
level (Phase III); and
WHEREAS, all work under Phase III is to be completed by Live Nation, on behalf
of the City, to facilitate the timing of the project completion; and
WHEREAS, the City will reimburse Live Nation for all direct construction
expenses and any indirect expenses associated with Phase III that fall outside of Live
Nation's other upgrades to the JGT; and
WHEREAS, the City seeks authorization to appropriate additional funds, in the
amount of $90,000; and
WHEREAS, these funds will finance the construction cost, estimated at $70,000;
project contingency; and additional soft costs associated with the additional scope of
work (Phase III).
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 appropriation of funds, in the amount of $90,000, from
Convention Development Tax Fund No. 442; said appropriation to fund additional scope
of work (Phase III), not originally included within the Jackie Gleason Theater ADA and
Interior Improvements Project; and said appropriation to further fund additional project
contingency, and additional estimated soft costs associated with this work.
PASSED and ADOPTED this i ithday of
ATTEST:
~~~1
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM 8~ LANGUAGE
~ Fp CUTION
(T:\AGE N DA\2007\j ul 1107\Consent\S-JGT-Resolution.7.11.07.doc)
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution appropriating funds, in the amount of $90,000, from the Convention Development Tax Fund
442; said appropriation to fund additional scope of work (Phase III), project contingency, and additional
estimated soft costs associated with work not originally included within the Jackie Gleason Theater ADA
and Interior Improvements Project.
Intended Outcome Su
To ensure well desi ned uali Ca ital Pro ects
Supporting Data (Surveys, Environmental Scan, etc.):
Investment in the Arts/Growth of the Entertainment Industry was rated as important by the residents.
62% of Residents stated that they attend events at the JGT at least once a month; and 66% of
Residents stated that the attend events at the MBCC at least once a month.
Issue•
Shall the Ci Commission a rove the Resolution?
Item Summary/Kecommengation:
In 2000, an Agreement was executed between the City and SKLARchitecture (Consultant), for design
services to make improvements to both the Jackie Gleason Theater (JGT) of the Performing Arts and the
Miami Beach Convention Center (MBCC) to comply with the provisions of the Americans with Disabilities
Act (ADA). In 2004, the Mayor and City Commission awarded the contract (Base Bid and Alternate #1;
Phase I) to Miami Skyline Construction Corp. (Contractor), and further directed the Administration to
negotiate Alternate #4 (Phase II) with the Contractor, or utilize the City's Job Order Contracting (JOC)
Program, should additional funds become available and should the City decide to pursue those
improvements at a later date (Resolution No. 2004-25503). At the City Commission meeting of May 16,
2007, the City Commission approved and authorized the Mayor and City Clerk to execute a Management
Agreement with Live Nation Worldwide, Inc. (Live Nation). Live Nation intends to occupy and close the
facility to the public for renovations by the middle of June 2007. Proposed improvements, as well as
staffing efforts, will proceed through the balance of the summer. Pursuant to the above, at the June 6,
2007 City Commission meeting, the City Commission approved the appropriation of additional funds, in the
amount of $600,000, from the Convention Development Tax fund 442, to fund the improvements of two (2)
additional restrooms (Phase II -limited scope). The City has opted to proceed with these improvements
with the current Contractor. Subsequently, pursuant to Live Nation's improvement plans for the JGT, the
City has agreed to proceed with the construction of a new bar at the south mezzanine level (Phase III). All
work under Phase III is to be completed by Live Nation on behalf of the City to facilitate the timing of the
project completion. The City will reimburse Live Nation for all direct construction expenses and any indirect
expenses associated with Phase I II that fall outside of Live Nation's other upgrades to the JGT. Finally, the
City seeks authorization to appropriate additional funds in the amount of $90,000. These funds will finance
the construction cost, construction contingency, and additional soft costs associated with the additional
scope of work (Phase III). The Administration recommends approval of the Resolution.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: ~ $90,000 442 CDT Funds
2
OBPI Total $90,000
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Nu Menicucci, CIP
Sign-Offs:
Department Director As 'sta t C' Manager City Manager
JECH TH JMG
(T: WGEN DA\20071ju11107\Consent\S-JGT-Summary.7.11'D'/.doc)
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City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, veww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
~~
DATE: July 11, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING FUNDS IN THE AMOUNT OF $90,000,
FROM THE CONVENTION DEVELOPMENT TAX FUND 442; SAID
APPROPRIATION TO FUND ADDITIONAL SCOPE OF WORK (PHASE III), NOT
ORIGINALLY INCLUDED WITHIN THE JACKIE GLEASON THEATER ADAAND
INTERIOR IMPROVEMENTS PROJECT (PROJECT); AND SAID
APPROPRIATION TO FURTHER FUND ADDITIONAL PROJECT
CONTINGENCY AND ADDITIONAL ESTIMATED SOFT COSTS ASSOCIATED
WITH THIS WORK.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding to be appropriated from the Convention Development Tax Fund 442.
ANALYSIS
In 1996, the City retained the Architectural firm of R.J. Heisenbottle Architects, P.A. to
conduct a survey of both the Jackie Gleason Theater (JGT) and the Miami Beach
Convention Center (Convention Center) to identify those areas that were not in compliance
with the provisions of the Americans with Disabilities Act (ADA). As a result of this study, the
City budgeted funds to renovate certain restrooms at the Convention Center and the JGT to
bring both buildings into compliance with the requirements of the ADA.
On February 9, 2000, an Agreement was executed between the City and A.R.I. Architects,
Inc. (d/b/a: SKLARchitecture, (Consultant) for design services to undertake this project.
On March 3, 2003, Invitation to Bid No. 27-02/03 was issued for the JGT ADA and Interior
Renovations.
At the City Commission meeting of February 25, 2004, the Mayor and City Commission
awarded the contract (Base Bid and Alternate #1; Phase I) to Miami Skyline Construction
Corp. (Miami Skyline), the second lowest bidder, and further directed the Administration to
negotiate Alternate #4 (Phase II) with Miami Skyline, or utilize the City's Job Order
Contracting (JOC) Program, should additional funds become available, and should the City
decide to pursue those improvements at a later date. The lowest bidder, Tran Construction,
Inc., was deemed non responsive pursuant to Section 2-487(A) (3) of the City Code.
City Commission Memorandum
July 11, 2007
Jackie Gleason Theater -Phase 111 upgrades
Page 2 of 2
During a Special Commission Meeting, the City Commission made its decision to maintain
the Jackie Gleason Theater (JGT) as a single night or limited run rental venue thatwould be
managed by an international live entertainment company that would incur the risk of
programming for the facility, while guaranteeing the City a base return. Resolution No. 2006-
26377, authorized the Administration to negotiate with Live Nation Worldwide, Inc., (Live
Nation) apublicly-traded company, that manages and operates live venues, and promotes
and produces live entertainment events. At the City Commission meeting of May 16, 2007,
the City Commission approved and authorized the Mayor and City Clerk to execute a
Management Agreement with Live Nation. Live Nation intends to occupy and close the
facility to the public for renovations by the middle of June 2007. Proposed improvements, as
well as staffing efforts, will proceed through the balance of the summer. Live Nation
proposes to reopen the facility as the "Fillmore Miami Beach at the Jackie Gleason Theater"
this Fall.
Pursuant to the above, at the June 6, 2007 City Commission meeting, the City Commission
approved the appropriation of additional funds, in the amount of $600,000, from the
Convention Development Tax fund 442, to fund the improvements of two (2) additional
restrooms (Phase II -limited scope) not originally included within the Project. Pursuant to
Resolution No. 2004-25503, the City has opted to proceed with these improvements with
Miami Skyline.
Subsequent to the June 6, 2007 City Commission meeting and pursuant to Live Nation's
improvement plans for the JGT, the City has agreed to proceed with the construction of a
new bar at the South mezzanine level (Phase III), also not included within the Project . All
work under Phase III is to be completed by the City on behalf of Live Nation to facilitate the
timing of the project's completion. The City will reimburse Live Nation for all direct
construction expenses and any indirect expenses associated with Phase III that fall outside
of Live Nation's other upgrades to the JGT. In addition, Live Nation reserves the right to
modify the bar plan to adjust for different equipment and alternate finishes (refer to
Attachment).
Finally, the City seeks authorization to appropriate additional funds in the amount of
$90,000. These funds will finance the construction costs, construction contingency, and
additional estimated soft costs associated with the additional scope of work (Phase III). Any
portions of the $90,000 not utilized, will be used in the Project's budget for future
improvements.
CONCLUSION
Based on the analysis, the Administration recommends that the City Commission
appropriate funds, in the amount of $90,000, from the Convention Development Tax fund
442; said appropriation to fund additional scope of work (Phase III), not originally included
within the Project; and said appropriation to further fund associated Project contingency and
additional estimated soft costs associated with this work.
Attachment
(T:\AGEN DA\2007\ju11107\Consent\S-JGT-Memo.7.11.07.doc)
~'IT~M ENT
EXHIBIT "D"
CITY RENOVATION SCOPE OF WORK PHASE THREE
All necessary work, labor, equipment and materials to complete the south mezzanine level bar at
the Jackie Gleason Theater, including, without limitation, all matters .reflected and indicated in
the following plans and specifications:
A2.1.6A Second Floor Lobby Bar 2/3/03 South Bar Only
A2.1.6B Second Floor Lobbv Bar Details 2/3/03 South Bar Only
A2.1.1B Second Floor Lobby Bar Location Plan 2/3/03 South Bar Only
All work indicated above shall be completed by Live Nation on behalf of the City of Miami
Beach to facilitate the timing of the project completion. The City will reimburse Live Nation for
all direct construction expenses and any indirect expenses that fall outside of Live Nation's other
project. (These expenses may include, but are not limited to permit expediting and health
department coordination.) Live Nation reserves the right to modify the bar plan to adjust for
different equipment and alternative finishes.