Loading...
HomeMy WebLinkAbout1989-03-21; Housing & Redevelopment Commission; Resolution 125I1 e * 1 2 3 4 5 6 RESOLUTION NO. 125 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, FIPPROVING A CONSULTCSNT AGREEMENT TO PREPARE A FEf3SIBILITY STUDY FOR THE CARLSBAD THEATRE I WHEREAS, the Housing and Redevelopment Commission o I 1 City of Carlsbad, California has determined it necessary 7 8 9 the public interest to prepare a Feasibility Study for t Carlsbad Theatre and; WHEREAS, Funds are available in the Redevelopment 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Budget; NOW, THEREFORE, BE IT RESOLVED by the Housing and i%dEVeiapffient CUiiliiriS=ian of the City of Carlsbad, Calif0 follows; 1. That the above recitations are true and correct 2. That the consultant agreement attached hereto a a part hereof is hereby approved. 3. That the Chairman is authorized to sign the agrr behalf of the Commission. PASSED, APPROVED, AND ADOPTED at a special meeting 1 Housing and Redevelopment Commission held on the2&, da. March "- , 1989, by the following vote? to wit: AYES: Commissioners Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: Commissioner Lewis ABSTA I N : None ATTEST : 27 28 ALg;??' F?iTE!stzj erk II /I 0 m #. AGREEMENT FOR CONSULTANT SERVICES FOR CARLSBAD THEATRE THIS AGREEMENT, made and entered into as-of the day AND REDEVELOPMENT COMMISSION, a municipal corporation, 9 19-9 by and between the CITY OF CARLSBAD HOUS hereinafter referred to as "CITY", and ORCHITECT NILFORD WAY DONALDSON INC, hereinafter referred to as "CONSULTANT". RECITALS CITY requires the services of CONSULTANT to provide the neces documents for preparation of feasibility study for the Carlsb Theatre, and Consultant possesses the necessary skills and qualifications provide the services required by City; NOW THEREFORE, in consideration of these recitals and the mut covenants contained herein, City and Consultant agree as foll 1. CONSULTANT'S OBLIGATIONS To prepare a feasibility study for the Carlsbad Theatre as outlined in the proposal dated December 6, 1988, attached her and made a part hereof. 2. CITY OBLIGATIONS The City shall provide the consultant with assistance, guidan and access to City material, plus any information as availabl and necessary. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within three (3) months. Extensions of time may bE granted if required by the Consultant and agreed to in writin the Housing and Redevelopment Director. In consideration of c requests, the Housing and Redevelopment Director will give unavoidable delays not caused by lack of foresight on the par the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTFINT The base fee compensation payable according to Paragraph 5, Payment of Fees, shall be 815,200. Reimbursable costs are ir addition to the Base Fee Compensation and shall include: allowance for documented and substantiated unforeseeable and 1. Expense of transportation and living expenses in connection with out-of-town travel authorized by tl City , 2. Long-distance communications; 3. Fees paid for securing approval of authorities havi jurisdiction over the Project; A D~F.c"A~~F+<--x-. - 5. Postag nd handling of Drawings Speciflcatlons, 6. Expensef overtime work requirinRigher than regu: 7. Renderings and models requested by the City; 8. Expense of computer-aided design and drafting equipr rates, if authorized by the City; time when used in connection with the Project. No other compensation for services will be allowed except tho: items covered by supplemental agreements per Paragraph 6, Char in Work. 5. PAYMENT OF FEES Payment of fees shall be upon monthly basis as work progresse! and according to billing which includes a brief description 0' work completed during the month. 6. CHANGES IN WORK If, in the course of this contract and design, changes seem merited by the Consultant or the City, and informal consultat. with the other party indicate that a change in the conditions the contract is warranted, the Consultant or the City may reqt a change in contract. Such changes shall be processed by the changes shall be forwarded to the City or Consultant to inforr them of the propose changes along with a statement of estimatc changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council or City Manager, a5 appropriate. Such supplemental agreement shall nc render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consult( or City shall be ordered by the Housing and Redevelopment Man< who will inform the president of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. COVENCINTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bonafide employel and that Consultant has not paid or agreed to pay any company person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the Cit shall have the right to annul this agreement without liabilit or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage fee, gift or contingent fee 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Feddal Ordina regarding nondiscrimination. City in the following manner: A letter outlining the require( working for the Consultant, to solicit or secure this agreemel 2 9. TERMINFITIO 0 In the event of the Consultant’s failure to prosecute, deliver or perform the work as provided for in this contract, the Citj may terminate this contract for nonperformance by notifying tt Consultant by certified mail of the termination of the contrac The Consultant, thereupon, has five (5) working days to delive said documents owned by the City and all work in progress to t Housing and Redevelopment Manager. The Housing and Redevelopn Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which th Consultant has performed which is usable and of work to the CI in having the contract completed. Based upon that finding as reported to the City Counci1,or City Manager, as appropriate, Council/City Manager shall determine the final payment of the contract. Final payment shall be in compliance with the Code Federal Regulations. 10. DISPUTES If a dispute should arise regarding the performance of work ur this agreement, the following procedure shall be used to reso: any question of fact or interpretation not otherwise settled t agreement, between parties. Such questions, if they become identified as part of a dispute among persons operating under provisions of this contract, shall be reduced to writing by tt principal of the Consultant or the Housing and Redevelopment Manager. A copy of such documented dispute shall be forwardec both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Housing and Redevelopment Manager shall reply to the letter a: with a recommended method of resolution within ten (10) days, If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council or City Manager for their resolution through the Office of the City Manager. The City Council or City Manager, as appropriate, may then opt to cons: of the City Council or City Manager, as appropriate, shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies availab: to them at law. 11. SUSPENSION OR TERMINRTION OF SERVICES This agreement may be terminated by either party upon tenderir thirty (30) days written notice to the other party. In the e\ of such suspension or termination, upon request of the City, ‘ Consultant shall assemble the work product and put same in or( for proper. filing and closing and deliver said product to Citl In the event of termination, the consultant shall be paid for work performed to the termination date; however, the total sh, not exceed the guaranteed total maximum. The City shall make final determination as to the portions of tasks completed and compensation to be made. Compensation to be made in complianc the directed solution to the problem. In such cases, the act: with the Code of Federal Regulations. 8 3 e The Consultant shall perform the services provided for herein Consultant's own way as an independent contractor and in purst of Consultant's Independent calling, and not as an employee o the City. Consultant shall be under control of the City only to the result to be accomplished and the personnel assigned tl the project, but shall consult with the City as provided for the request for proposal. The Consultant is an independent contractor of the City. The. payment made to the Consultant pursuant to this contract shal the full and complete compensation to which the Consultant is entitled pursuant this contract. The City shall not make any federal or state tax withholdings on behalf of the Consultant The City shall not be required to pay any workers' cornpensatic insurance on behalf of the Consultant. The Consultant agrees indemnify the City for any tax, retirement contribution, soci, security, overtime payment, workers' compensation payment whic the City may be required to make on behalf of Consultant or a1 employee of Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sec. 1101 - 1525) and shall comply with those requirements, includ: but not limited to, verifying the eligibility for employment ( all agents, employees, sub-contractors and consultants that at included in this agreement. 13. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, Statc documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any otht agencies. 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the Cit) whether the work for which they are made be executed or not. the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be deliver forthwith to the City. Consultant shall have the right to maL one (1) reproducible copy of the plans for his/her records, cc to be paid for by the City. and Local. Consultant shall provide all necessary supporting 15. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be lial for any claims, liabilities, penalties, fines, or ky damage . goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and ! 4 free and harrnles. he City and its authoriz gents, officsrs and employees ag s st any of the foregoing rn bilities or clal a of any kind and any cost and expense that is incurred by the C on account of any of the foregoing liabilities including liabilities or claims by reason of alleged defects in any plar and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. 16. ASSIGNMENT OF CONTRACT The Consultant shall not assign this cantract or any part ther or any monies due thereunder without the prior written consent the City. 17. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant st be fully responsible to the City for the acts and omissions 01 Consultant's subcontractor and of the persons either directly indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this contract shall create c contractual relationship between any subcontractor of Consult; and the City. The Consultant shall bind every subcontractor 2 every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved writing by the City. 18. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of G architectural, engineering inspection, construction or materiE supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirecl interested personally in this contract or in any part thereof. Nc officer, employee, architect, attorney, engineer, or inspec 0.; or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 19. VERBCIL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, c employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreemer or conversation entitle the Consultant to any additional paymc whatsoever under the terms of this contract. 9 5 20. SUCCESSORS 6SS I GNS e Subject to the provisions of Paragraph 15, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each their respective heirs, executors, administrators, successors assigns. 21. INSURANCE (a) The Consultant shall obtain and maintain a policy 0’ liability insurance from an insurance company authorized to be in business in the State of California, in an insurable amount of not less than million dollars (61,000,000). This insurance shall in force during the life of this agreement and shal: not be cancelled without ten (10) days prior writter notice to the City. (b) The City shall be named as additionally insured on policy. The Consultant shall furnish a certificate said insurance to the City upon request. 22. CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement wi the City Clerk of the City of Carlsbad. The Consultant shall report investment5 or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CQRLSBAD: BY Milford Wayne Donaldson, AIA Claude A. Lewis, Chairper PRES I DENT HOUSING AND REDEVELOPMENT COMMISSION APPROVED flS TO FORM: Assistant City Attorney ATTESTED: City Clerk 8 6 " l e"---- ~ i I i I MILFORD I.VAYNE DONALDSON ARCHITECT e PROPOSAL FOR FEASIBILITY STUDY FOR CARLSBAD THEATRE 1 Prepared for The City of Carlsbad - .- " Redevelopment Office .- 2965 Roosevelt Street .- -_ Suite B .i 'Carlsbad, California 92008 ' -. .' -. .. " I December 6, 1988 I ".& 4) i - I* - -I MILFORD WAYNE DONALDSON ARCHITECT e I. FEASIBILITY STUDY SCOPE OF WORK/CARLSBAD THEATRE A. PROGRAMMING PHASE 1. Assist in development of a program which includes the City Carlsbad's objectives, architectural requirements, theatr. requirements, room specifications, priority of requirements, budget for the project. The program has not been developed. site walk-through the Carlsbad Theatre was performed. The bu for the project has not been established. 2. Identify and assist in the program requirements with the City Carlsbad. 3. Provide the City of Carlsbad the following schematic designs: a) Review existing drawings for the private of the Theatre actual site conditions for accuracy. The existing p will be used for background information for the schem drawings. If the building needs to be measured in orde produce a set of background drawings there would be an e: fee cost to the base contract. b) Sketches showing general configurations of st: auditorium, seating, exits, lobby, performer support spat technical support spaces, administrative spaces, handicapped access areas. The intent is to rehabilitate existing Carlsbad Theatre. c) General layouts of performer support and technical sup spaces, gallery and show spaces and general house areas. d) Assistance in general arrangement of structural mechanical systems in areas critical for theatre functio: 4. Confirm functional requirements for theatrical systems equipment. 5. Develop system descriptions and schematic phase cost estim; for the City of Carlsbad . 6. Furnish schematic-phase information to interface with typ' building systems. Q ,r- I *I 1 I I " MILFORD WAYNE DONALDSON ARCHITECT 6 B. SCHEMATIC DESIGN PHASE 1, Meet with the City of Carlsbad personnel and as required, Out1 key theatrical functions and for engineering design, with a ra of suggested solutions. Direct attention to code requireme peculiar to theatres and stages, and multi-purpose complexes. , 2. Develop audience sightline studies. 3. Furnish preliminary sketches for the theatre: a) Audience seating, aisles and exits. b) All elements in stage. c) Lighting positions and access. d) Production and performer support spaces, control rooms. e) Gallery, show space and special meeting rooms. 4. Provide preliminary design in regards to the entry, marquee general public spaces. 5. Investigation of existing acoustical conditions recommendation for retrofit. C. PROPOSED DEMANDS FOR THE CARLSBAD THEATRE Architect Milford Wayne Donaldson, AIA will determine the need level of demand for the Carlsbad Theatre. The main goal of the SUI is to determine if there is a wide variety of cultural.and educatic events available to meet the communities' numerous needs and taste! The Carlsbad Theatre could be suitable for the presentation of alr any type of entertainment. The following potential user types wil: investigated: 1, FULLY STAGED PRODUCTIONS -- for any production that can fit the stage, such as opera, musical comedy, operetta, bal: symphony, modern dance, pageants, plays and variety shows. Carlsbad Theatre was originally designed for the majority these uses. e l I 0 MILFORD WAYNE DONALDSON ARCHITECT e 2. LIMITED STAGING -- for concert presentations, such as da1 vocal, instrumental, recitals, readings and fashion shows. 3. MEDIA PRESENTATIONS -- for presentations of " c anr entertainment, such as films and closed circuit TV. The Carl: modified to fit other media events. Theatre became a movie house in later years and this use can 4. NON-STAGED PRESENTATIONSD -- for any type of controlled pul assembly, including conventions, club meetings and lecture: 5. STAGE REHEARSALS -- for rehearsals of presentations destined be on the road, experimental shows, educational projects other non-audience activities which need a well-equipped stagt 6. RECORDING/BROADCASTING -- for use as an acoustically desi1 recording studio, or for location broadcast work, such temporary TV or radio. 7. FILMING -- for use in location film work, such as ' Candidate", which was filmed at the Oakland Faramount The: because of the Theatre's unique architectural design excellent facilities. 8. EXHIBITS -- for viewing exhibitions, such as paintir sculptures, trade shows, and holding receptions in the 1: front stage area of the House, which could make an interest and comfortable show area. Architect Milford Wayne Donaldson will conduct a survey of numel San Diego County performing groups. The survey will be in the forn a response questionaire and follow-up telephone calls. There will no site visits or meetings with .the prospective users of the Theat The survey will demonstrate prospective bookings for a calender ye? The area to be;surveyed is shown on the following map titled San D! County Kev Map. 6 I I .; MILFORD WAYNE DONALDSON ARCHITECT Q D. REPORT PHASE 1. Provide architectural concepts and schematic drawings to pro? a bound report on "83 x 11" format, or as per the City Carlsbad requirements. 2. Prepare a "Probable Construction Cost" for the project based unit cost estimate. These costs will be to show the c effectiveness of rehabilitating the existing Carlsbad Theatre, 3, Presentation of design work before public or private agenc establish potential funding sources and user requirements. presentation meetings will be limited to three (3) meetings. additional meetings as requested by the Agency (Owner) will approved in writing prior to attendance. E. SAN DIEGO KEY MAP See the,following page. 4 I ,/ ,/ * a 0 I - v) 4.3 *, --* MILFORD WAYNE DONALDSON ARCHITECT e 11. SUMMARY OF ARCHITECT'S RECENT EXPERIENCE fie firm of Architect Milford Wayne Donaldson, AIA, Inc., was establi: in 1978, and has been located within the downtown district of San D: since then. During the past nine years, Architect Milford Wayne Donaldson, AIA has 1 involved in a wide variety of project types. Althougth the firm is I notably recognized .for work in Historic restoration and adaptive re1 recently we have completed construction on the new 250 seat : performance "Hahn Cosmopolitan Theatre". The theatre is located in Gaslamp Quarter of San Diego and is the first new Full Fly perform; theatre built in downtown in the last decade. Other live performance multi-use facilities we have been involved in include the Gaslamp Qua: Theatre in San Diego, the feasibility study of the Vogue Theatre in C1 Vista, and electrical and acoustic rehabilitation of the Civic C~I Theatre in San Diego. Presently underway are feasibility studies for the North Park Theatre the Carteri Theatre (Adams Avenue Theatre) in San Diego. me following is a list of projects recently completed by Architect Mil Wayne Donaldson, AIA, Inc.. 4$J I 7 MILFORD WAYNE DONALDSON ARCHITECT 0 111. PARTIAL LIST OF TEAMS'S MEMBER'S THEATRE PROJECTS The following theatres represent projects similar to the proposed Carlsba Theatre Rehabilitation. This list reflects the combined effort of all th team members proposed for this project. In addition, the firm of Landry Bogan have completed 105 theatre projects, as of 1987. Architect Milford Wayne Donaldson, AIA Parker Performing Arts Theatre (project architect with Mosher/Drew/Watson) , San Diego. San Diego Civic Theatre Lighting Control, San Diego Gaslamp Quarter Theatre, San Diego Deane Theatre, San Diego North Park Theatre, San Diego Carteri Theatre, San Diego Vogue Theatre, San Diego Landry & Bogan, AIA Old Globe Theatre, Balboa Park, San Diego Lowell Davies Festival Stage, Balboa Park, San Diego South Coast Repertory Theatre, Costa Mesa Oregon Shakespearean Festival Theatre, Ashland, Oregon Mira Costa College Theatre, Oceanside Louise M. Davies Symphony Hall, San Francisco San Diego Civic Theatre Lighting Control, San Diego Lucie Stern Community Theatre, Palo Alto Children's Theatre, Palo Alto Q Zellerbach Hall, University of California, Berkeley Old Main Theatre, University of Arizona, Tucson, Arizona Round Valley Theatre, Springerville, Arizona I - AWLFORD WAYNE DONALDSON ARCHITECT @ Landry & Boaan, AIA: continued Deane Theatre, San Diego Haring Theatre, Fairbanks, Alaska Kenai Theatre, Kenai, Alaska Parkland College Theatre, Champaigne, Illinois Bolt. Beranek & Newman Power Center for the Performing Arts, University of Michigan Tulsa Performing Arts Center, Tulsa, Oklahoma Old Globe Theatre, San Diego Deane Theatre, San Diego Mira Costa College Theatre, Oceanside University Center, Victoria, British Columbia Orpheum Theatre (remodel), Vancouver, Canada Louis M. Daview Symphony Hall, San Francisco Ham Concert Hall , University of Nevada, Las Vegas Royce Hall (remodel), University of California, Los Angeles Sacramento Community Center, Sacramento Kariotis and Associates Horton Plaza. Theatre, San Diego Old Globe Theatre, San Diego Music Corporation of America Theatre, Orlando, Florida Universal City Tours Theatre Mount San Antonio College Auditorium & Mira Costa College, Oceanside John Muir High School Auditorium, Pasadena I ~ IV. SUMMARY OF PROFESSIONAL FEE SERVICES MILFORD WAYNE DONALDSON ARCHITECT Architect Milford Wayne Donaldson, AIA Landry and Bogan Bolt, Beranek & Newman Kariotis & Associates TOTAL FEES See Attachement A, Article 12 Other Conditions or Services for reimbursable expenses. 4F $: C 1 1 - $1 f estir ___~~~~~~ ~ ~ . .MILFORD WAYNE DONALDSON ARCHITECT e V, SCHEDULE OF FEES I 1. CONTRACT The Form of Agreement Between Owner and Architect for Construc Projects of Limited Scope, AIA Document B151-1978, will be agreement document. 2. HOURLY RATES FOR ADDITIONAL WORK Architectural Services Basic Costs Corporate Architect Principal Architect Research / Design Captain Drafting / Model Construction Clerical $84 .OO/Hour $72 .OO/Hour $49 .OO/Hour $36 ,OO/Hour $34.00/Hour I Structural Services Principle Engineer Licensed Senior Engineer Draf tsperson Clerical (Coordinator) Clerical (General) $70.OO/Hour $65.OO/Hour $44 .OO/Hour $40 .OO/Hour $30 .OO/Hour I 3. RE1MBURSABI;E EXPENSES Reimbursable expenses as defined in the standard agreement will charged at 1.15 times actual costs. Consultant's costs required completion of work (owner approved), will be charged at 1.10 t actual costs. Q