2008-26739 ResoRESOLUTION NO. 2008-26739
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING
FUNDS, IN THE AMOUNT OF $709,920, FROM ART IN PUBLIC
PLACES FUND 147; SAID APPROPRIATION TO FUND
ADDITIONAL SCOPE OF WORK NOT ORIGINALLY INCLUDED;
EXPENSES INCURRED BYTHE RISING COSTS OF MATERIALS,
LABOR, SHIPPING, INSURANCE; AND AN ADDITITIONAL
PROJECT CONTINGENCY AN D ADDITIONAL SOFT COSTS FOR
THE PUBLIC ART COMMISSION IN COLLINS PARK, ENTITLED
"MAZE" (WORKING TITLE), BY THE ARTIST BRIAN TOLLE
(ORIGINALLY APPROVED PURSUANT TO RESOLUTION NO.
2 0 0 6-2631 7, IN THE AMOUNT OF $250,000), FOR A TOTAL
PROJECT BUDGET OF $359,920.
WHEREAS, on March 2005, with direction from the City Administration, the Art in Public
Places (AiPP) Committee embarked on commissioning an internationally recognized artist that
would create an original work of art in conjunction with the re-design and renovation of Collins Park;
and
WHEREAS, on April 10, 2006, the AiPP Committee unanimously selected the preliminary
proposal for the art project, entitled "Maze' (working title), submitted by the artist Brian Tolle; and
WHEREAS, on May 12, 2006, a presentation was made to the Collins Park Cultural Center
Oversight Committee and the Committee unanimously passed a resolution in favor of the
aforestated art project; and
WHEREAS, on May 16, 2006, a presentation was made to the Collins Park Neighborhood
Association and the Association voted unanimously in support of the art project; and
WHEREAS, on July 27, 2006, the Neighborhoods/Community Affairs Committee reviewed
and recommended approval of the aforestated art project; and
WHEREAS, on August 8, 2006, a presentation was made to the City's Historic Preservation
Board and the Board unanimously approved the project; and
WHEREAS, on September 6, 2006, the City Commission adopted Resolution No. 2006-
26317, authorizing the Mayor and City Clerk to execute a contract with the artist, Brian Tolle, in an
amount not to exceed $250,000, for the design, creation, and installation of the aforestated work of
art; and
WHEREAS, the estimated budget received in October 8, 2007 exceeds the current budget
and contingency; therefore additional funding is required, in the amount of $109,920; and
WHEREAS, the estimated budget has increased because the artist's proposal was
requested at a time in the overall Collins Park project timeline to allow for the development of the
overall project plans that incorporate the public art project component and reprioritization offunding
for the overall project, as well as refinement of overall design components, resulted in a deviation
from the original schedule for the overall project implementation, and thus the public art component
which resulted in an increase in the artist's studio overhead; and
WHEREAS, the original budget was based on a conceptual design and these are actual
numbers: and
WHEREAS, the cost of steel has risen since the initial budget was submitted on March 31,
2006; and
WHEREAS, there has been a general cost increase in materials, since initial budget was
submitted on March 31, 2006; and
WHEREAS, the cost of shipping fiberglass panels to the East Coast and shipping the entire
sculpture to the City has increased because of the rise of fuel costs; and
WHEREAS, the City has increased the contingencyto 10% in case of unforeseen overruns.
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
appropriate funds, in the amount of $109,920, from Art in Public Places Fund 147; said
appropriation to fund additional scope of work not originally included; expenses incurred by the
rising costs of materials, labor, shipping, insurance; and additional project contingency and
additional soft costs from the public art commission in Collins Park, entitled "Maze" (working title), by
the artist Brian Tolle (originally approved pursuant to Resolution No. 2006-26317, in the amount of
$250,000), for a total project budget of $359,920.
PASSED and ADOPTED this 16th day of January, 2008.
atti er, Mayor
ATTESTED BY:
I~~ P~a~
Robert Parcher, City Clerk
T:\AGENDA\2008\January 16\Consent\Comm Reso Maze Additional Money 1 16 09.doc
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Appropriating Funds In The Amount Of $109,920, From Art In Public Places Fund 147; Said
Appropriation To Fund Additional Scope Of Work, Not Originally Included, Expenses Incurred By
The Rising Costs Of Materials, Labor, Shipping, Insurance, And Said Appropriation To Further
Fund Additional Project Contingency And Additional Soft Costs Associated With; And Said
Appropriation To Further Fund The Public Art Commission In Collins Park, Entitled "Maze"
(Working Title), By The Artist Brian Tolle, Pursuant To Resolution 2006-26317, For A Total
mtenaea outcome
~ Increase community rating of cultural activities. ~
Supporting Data (Surveys, Environmental Scan, etc.):
The 2007 Community Satisfaction Survey indicated that 66%of residents and 60% of businesses feel
the city has the right amount of cultural activities.
Issue:
Shall the City Commission approve the Resolution?
tem
On September 6, 2006, the City Commission adopted Resolution 2006-26317 approving the selection of a
public art commission for Collins Park, entitled "Maze" (working title), as recommended by the Art in Public
Places Committee and the NeighborhoodslCommunity Affairs Committee, further authorizing the Mayor
and the City Clerk to execute a contract with the artist; Brian Tolle, in an amount not to exceed $250,000,
for design, creation and installation of the aforestated work of art.
Subsequently the City and the Artist obtained approval from HPB and have been working toward finalizing
the terms of agreement. Since the Artist's selection by the Commission the Artist has obtained quotes from
vendors and other contractors and submitted a revised budget on October 6, 2007, for an additional
$109,920 for a total project budget of $359,920, including a 10% contingency fee in case of unforeseen
overruns.
The Administration has reviewed these costs and believes the increase costs are legitimate.
Financial Information:
Source of Amount Account
Funds: 1 $109,920 AiPP Fund 147
2
3
OBPI Total $109,920
Financial Impact Summary:
This a ro riation reduces the availabili of ublic art fundin b $109,920.
Sign-Offs:
Department Director ssi ant Ci Manager City Manager
m MIAMI BEACH
U AGENDA ITEM c7H
DATE ~~~'~a
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti H. Bower and Members of the City Commission
Fi2oM: Jorge M. Gonzalez, City Manager ~ ~_ /
Dare: January 16, 2008 /~(J
SuBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS IN THE AMOUNT OF
$109,920, -FROM ART IN PUBLIC PLACES FUND 147; SAID
APPROPRIATION TO FUND ADDITIONAL SCOPE OF WORK, NOT
ORIGINALLY INCLUDED, EXPENSES INCURRED BY THE RISING COSTS
OF MATERIALS, LABOR, SHIPPING, INSURANCE, AND SAID
APPROPRIATION TO FURTHER FUND ADDITITIONAL PROJECT
CONTINGENCY AND ADDITIONAL SOFT COSTS ASSOCIATED WITH; AND
SAID APPROPRIATION TO FURTHER FUND THE PUBLIC ART
COMMISSION IN COLLINS PARK, ENTITLED "MAZE" (WORKING TITLE),
BY THE ARTIST BRIAN TOLLE, PURSUANT TO RESOLUTION 2006-26317,
FOR A TOTAL PROJECT BUDGET OF $359,920.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding to be appropriated from the Art in Public Places Fund 147.
ANALYSIS
In March 2005, with direction from the City Administration, the Art in Public Places (AiPP)
Committee embarked on commissioning an internationally recognized artist that would create an
original work of art in conjunction with the re-design and renovation of Collins Park. The objective
was for the commissioned work to be interactive and within the project budget of $250,000.
On April 4, 2005, the AiPP Committee met and discussed possible artists that could be considered
for Collins Park. At the April 19, 2005 AiPP meeting, members made presentations on the following
artists: Teresita Fernandez, Dan Graham, John Henry, Luis Jimenez, Mary Miss, Roxy Paine,
Ralph Provisero, Tobias Rehberger, Pedro Reyes, Brian Tolle, and Andrea Zittel. The
presentations included the resumes, images of public art projects, solo exhibitions, group
exhibitions and public collections. The AiPP met again on May 17, 2005 and short listed the
following seven artists: Lucien den Arend, Teresita Fernandez, Roxy Paine, Tobias Rehberger,
Pedro Reyes, Ralph Provisero, and Brian Tolle. It was decided that these artists would be invited
to submit a conceptual proposal, and that their proposals would have to be responsive to the
following criteria:
• The art project had a budget of $250,000;
• Had to be visible from a car driving by the Park;
• Needed to be sited within the area that MCHarry had selected;
• The project would provide the opportunity for the community to interact with the artwork.
Page 2 of 4
Brian Tolle "Maze"
On September 14, 2005, AiPP met and reviewed the proposals received from Lucien den Arend,
Tobias Rehberger, Pedro Reyes, Ralph Provisero and Brian Tolle. Two of the artists invited to
participate did not submit proposals: Teresita Fernandez (working on another project) and Roxy
Paine. After reviewing the proposals, the Committee had questions on the projects submitted by
Pedro Reyes and Brian Tolle. The questions on Pedro Reyes' proposal included issues with
colors, proposed materials, as well as the proposed platform. The questions on Brian Tolle's
proposal included the proposed materials, the longevity of the work and its restoration, and the
dimensions of the project. Subsequently, both Pedro Reyes and Brian Tolle addressed all
questions raised by the Committee.
At their October 6, 2005 meeting, AiPP reviewed the five proposals and, based on the
aforementioned requirements, voted unanimously in favor of short listing Tobias Rehberger and
Brian Tolle. MCHarry Associates (the City's Architecture and Engineering consultant for the Collins
Park Project) and City staff were present at the meeting and participated in the discussion and
selection process. Both artists were asked to fully develop and present a complete proposal for
Collins Park. The two finalists, Tobias Rehberger and Brian Tolle, entered into agreements with
the City of Miami Beach to develop and submit a proposal for a work of art for Collins Park, due
March 21, 2006. The artists were paid a fixed fee (honorarium) of two thousand five hundred
dollars ($2,500), which was based on standards set in the City's Art in Public Places Guidelines,
and in exchange they submitted to the City a Proposal Narrative describing their design intent and
drawings, graphic or other visual representation of their Work, as well as other data and graphic
material necessary to portray the Work, site preparation requirements and other information to
permit the City to assess its feasibility and its compliance with applicable statutes and ordinances.
A Preliminary Budget outlining probable construction costs for the fabrication, delivery, site
preparation and installation of the Work was also requested. On April 10, 2006, AiPP reviewed the
proposals from Tobias Rehberger and Brian Tolle and unanimously selected Brian Tolle's "Maze"
to be commissioned for Collins Park.
On May 12, 2006, the Collins Park Cultural Center Oversight Committee unanimously passed a
resolution in favor of the project. In addition, on May 16, 2006, Staff presented the project to the
Collins Park Neighborhood Association and the association voted unanimously in support of the
Brian Tolle project for Collins Park. The project was also reviewed by the Historic Preservation
Board on July 11, 2006, and also subsequently on August 8, 2006, where the board unanimously
approved the project.
On July 27, 2006 the Neighborhoods/Community Affairs Committee met and unanimously passed
a motion accepting the Art in Public Places Committee's recommendation.
On September 6, 2006, the City Commission adopted Resolution No. 2006-26317 approving the
selection of a public art commission for Collins Park, entitled "Maze" (working title), as
recommended by the Art in Public Places Committee and the Neighborhoods/Community Affairs
Committee; further authorizing the Mayor and the City Clerk to execute a contract with the artist,
Brian Tolle, in the amount of $250,000, for design, creation and installation of the aforestated work
of art; and further approving funds, in an amount not to exceed $250,000, as follows: $115,000,
Fund - 147 Art in Public Places from Collins Park Project; and $135,000, to be appropriated as
part of the 2006/2007 Capital Budget.
Page 3 of 4
Brian Tolle "Maze"
Subsequently, the City and the Artist obtained approval from HPB and have been working toward
finalizing terms of the agreement. During this time the Artist began finalizing pricing from his
vendors and contractors and has since submitted a revised budget. A line item budget for the
project is listed below comparing the original budget submitted to the City on May 1, 2006, and the
revised budget sent to the City on October 6, 2007;
Art in Public Places Pro'ect "Maze" Bud et 2006 vs. 2007
LINE ITEM May'06 Oct. `07 COMMENT
DESCRIPTION Bud et Bud et
Artist's Fee $50,000 $50,000 Same
The artist proposal was requested at a time in the overall
Collins Park project timeline to allow for the development of
overall project plans that would incorporate the public art
component. This approach ensures compatibility. Re-
prioritization of funding for the overall project, as well as
Artist Studio $25
500 refinement of overall design components, resulted in a
Overhead , deviation from the original schedule for the overall project
implementation, and thus the public art component. During the
interim, and in anticipation of the artist agreement, the Artist
has expended substantial time/expense on this project. This
line item accounts for a percentage of the artist's staff and
studio su ort re wired to com lete this ro'ect.
Computer Modeling & $g 000 $8,000 Same
Desi n
Concrete Slab & $25,000 $25,000 Same
Footin s
Consultant $500 Lightin Desi ner
Engineering $700 Florida licensed engineers are required to ensure the project
meets all codes.
Installation 000
$5 $11
200 The original budget was based on a conceptual design and
, , these are actual numbers.
Fabrication Steel $62
000 $86
800 The cost of steel has risen since initial budget was submitted
Panels , , on March 31, 2006.
Fabrication of $71
000 $79
000 General cost increase (materials, etc.) since initial budget was
Fiber lass Panels , , submitted on March 31, 2006.
Lightin & Electrical $10,000 $10,000 Same
Photo Documentation $4,000 Photo documentation as re uested in Artist A reement.
Costs of shipping fiberglass panels to the east coast and
Shipping $5,000 $13,000 shipping entire sculpture to the City. A portion of the increase
is direct) ariributed to the rise in fuel costs.
Legal fees $2,000 Costs associated with co ri ht issues
Artist is ready to proceed with Project as soon as the Artist
Agreement is signed and Artist will be able to assure quoted
costs remain the same. This will result in having a sculpture
Handling and Storage $5,150 ready for installation. This addresses storage in the event the
piece can not be installed when the Artist completes the Work.
THIS ITEM IS REIMBURSED BASED ON ACTUAL COSTS;
COSTS MAY BE LESS THAN BUDGETED.
Travel (2) Trips Travel for fabrication. THIS ITEM IS REIMBURSED BASED
Fiberglass Fabricator $1,800 ON ACTUAL COSTS; COSTS MAY BE LESS THAN
BUDGETED.
Travel (3) Trips to Mia Travel for installation. THIS ITEM IS REIMBURSED BASED
Bch $4,550 ON ACTUAL COSTS; COSTS MAY BE LESS THAN
BUDGETED.
Subtotal $236,000 $327,200
Contingency $14
000 $32
720 Contingency in case of unforeseen overruns; original budget
, , had onl 6%, new bud et has 10%.
Total $250,000 $359,920
Page 4 of 4
Brian Tolle "Maze"
All payments are made on a reimbursement basis or for the purchase of materials and fabrication.
When funding is advanced for the purchase of material and fabrication, all quotes are reviewed
and approved by the City in advance. Furthermore, subsequent payments will not be made until
the City receives copies of all invoices, canceled checks and proof that material has been received
and/or the piece has been fabricated.
As noted above, the increase in actual project costs is $91,200, of which more than 35% of the
added costs are related to increased material costs, and other additional increases are related to
unavoidable costs due to project implementation delays. In addition, certain expenses are
budgeted but may not be realized based on actual costs incurred. Including contingency, the total
additional costs are $109,920. The AiPP considered the revised budget and recommended
approval of the revised budget and allocation of Art In Public Places funds to cover these additional
costs. Administration has reviewed these costs and recommends appropriation of funding.
CONCLUSION
Based on the above information, the Administration has determined that is necessary to increase
the amount of funding for the Art in Public Places project entitled "Maze" (working title), and
recommends that the Mayor and City Commission appropriate additional funds in the amount of
$109,920, for a total project budget of $359,920, which includes a 10% contingency, from the Art in
Public Places Fund 147; said appropriation to fund additional scope of work for the public art
commission in Collins Park entitled "Maze" (working title), by the Artist Brian Tolle, that was
approved pursuant to Resolution 2006-26317.
JMG/HMF/MAS/dl
T:WGENDA\2008Vanuary 16\Consent\Comm Memo Maze Additional Money (2).doc
Collins Park Cultural Campus
Brian Tolle Studio
Concept:
Miami is a city shaped both physically and culturally by the sea. This sculpture will be shaped using cutting
edge 3D modeling techniques, developed to create special effects for the cinema, to simulate the undulating
suAace of the ocean. The shimmering blue green expanse appears to have been carved from the sea, frozen
in space and time, in the form of a swiding celestial maze. The labyrinth can be entered from either end.
Visitors will be free to wander through the waves looking as though they are bobbing in the surf or frolicking
in a swimming pool.
The wave algorithms will be output using CNC milling machines and cast as panels in ocean blue fiberglass
resin. These modules will be mounted into a housing constructed of rolled and welded Corten steel, flame
cut to reveal the waves in section. The steel will weather to a beautiful rich brown. This patina actually
protects the steel from corrosion and is self-healing i/scratched. The housing will contain energy efficient
LED lights that will bum in excess of 50,000 hours making the sculpture appear as a magical river of light at
night. If will serve as a beacon and landmark in Collins Park.
The sculpture, weighing two and a half tons, will be mounted, using stainless steel bolts, to a reinforced
concrete slab forty /eet in diameter and ten inches thick atop the required footings.
ADA guidelines:
The work will meet all ADA requirements. The concrete slab will be flat and even with the existing grade o/the lawn. The slab
will also provide a firm suAace for wheelchair users to move easily in and around the sculpture. The pathways within the maze
will be in excess of forty inches meeting the required code.
Durability and maintenance:
The prevention of vandalism can never be fully guaranteed.
However, measures can be taken to make a work resistant to
such acts antl more easily restored.
The ocean blue fiberglass resin panels that make up the crest o/
the waves are extremely durable. This material is very well suited
to the climate of South Florida as it is the same product used to
construct the hulls o/boats. The custom color is intrinsic ro the
material and is formulated with a UV protector, which will prevent
cracking and yellowing. Additionally, a clear urethane sealer will
be applied to each panel to add extra UV protection as well as
protection against greffiti antl stretching. In the event a panel is
scratched it can be buffed out as the material is cast in excess of
one-quarter inch. This coating also has the advantage o/being
able ro be reapplied directly in the field.
The housing o/ the sculpture will be made from
quarter inch thick Corten steel. This steel alloy
is incredibly strong and is user) both in the
constmction o/bridges and to armor military
vehicles. The rich brown patina is a tightly
adherent protective oxide coating. Additional
coatings are not necessary but maybe applied
to protect the work against graffiti.
The internal lighting o/the sculpture will be achieved with LED
lamps rated for outdoor applications. They are energy efficient
and are rated for 50,000 hrs. The bulbs will be mounted directly
to the Conen steel housing and are easily accessible by removing
the security screws and lifting off the corresponding fiberglass
panels on the top o/ the sculpture.
The piece is designed to prevent use by skate
boarders, rollerblatlere and mountain bikers.
The undulating sur/ace o/the sculpture is
simply too ircegular, curved and narcow to ride
on. The tops of the steel walls are craggy and
would not provide a smooth edge for
skateboards to glide along. The steel and
fiberglass are more than strong enough to
withstand sitting and climbing.
maximum
height
5'
Concrete pad
40' diameter
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