HomeMy WebLinkAbout2006-01-24; City Council; 18420; Grant Application Barn/Theater Restoration Leo Carrillo Ranch Historic ParkCITY OF CARLSBAD - AGENDA BILL
AB# 18,420
MTG.1/24/06
DEPT. Recreation
TITLE: APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT, APPROPRIATION OF ADDITIONAL
PROJECT FUNDS, AND AUTHORIZATION TO
PROCEED WITH GRANT APPLICATION FOR THE
BARN/THEATER RESTORATION AT LEO CARRILLO
RANCH HISTORIC PARK - PROJECT 3961
DEPT.HD.
CITY ATTY
CITY
RECOMMENDED ACTION:
Adopt Resolution No. 2006-017 approving additional appropriations for the Leo Carrillo Ranch Historic
Park, Barn/Theater Restoration, Project No. 3961, a professional services agreement with Heritage
Architecture and Planning for architectural services for the project, and authorizing staff to proceed with a
grant application for Proposition 40 grant funding.
ITEM EXPLANATION :
In April 2005, Carlsbad received a Save America's Treasures (SAT) grant, administered by the National
Park Service (NPS), for stabilization of the barn/theater structure identified in the Carrillo Ranch Park
Master Plan (Exhibit 2). The grant amount is $197,535 and requires a 1:1 match by the City. This funding
will provide necessary architectural and stabilization work to the barn/theater until the structure can be
completely restored.
In June 2005, a preliminary design report was completed by Heritage Architecture and Planning for the
barn stabilization and for restoration of the barn/theater. The work identified to restore the barn/theater
was broken down into 2 phases. Phase I is referred to as the Barn Stabilization project for which SAT
funds will be used. Phase II is referred to as the Barn/Theater Restoration. Funds for Phase I, including
the city match were previously appropriated for this project ($395,070) The theater restoration project is
currently scheduled in the City's Capital Improvement Project beyond fiscal year 2015. A summary of the
architectural elements identified for each phase for the bam restoration is shown on Exhibit 3.
In October 2005, the NPS reviewed the preliminary plans and specifications for the project and found that
the work prescribed complies with the Secretary of the Interior's Standards for the Treatment of Historic
Properties. Upon this notification, staff proceeded with the professional services agreement to complete
the work associated with the SAT grant funding for stabilization of the barn. At that time, and in
preparation for the contract for the barn stabilization, the architect indicated that the entire barn/theater
restoration project would need to be taken into consideration when developing plans for the stabilization
work, especially as it relates to structural engineering. Therefore, it was recommended that developing
the plans for to build out at this time could save both time and money in the long term.
Based upon the following information, staff recommends approval of funding for the additional scope of
architectural services in the amount of $33,000.
1. Cost Savings- Deferring the preparation of the barn/theater restoration documents to a later date
will result in increased costs due to the effects of inflation, the potential costs associated with
redesign, and time spent reeducating the consultant and sub consultants regarding the future
facility use for the restored structure. Staff estimates that costs for architectural services are
increasing approximately 7% annually.
Based on these assumptions, it is estimated that the City will save approximately $18,000 by
preparing a complete set of architectural plans at this time rather than waiting until FY 2014-15 as
scheduled in the current CIP program.
2. Private Partnership Opportunities- Having complete plans and specifications allows for a more
accurate probable cost estimate for the project? with which to seek private partnership opportunities
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in the community. This may result in completion of the project at a cost savings to the City if
completed ahead of schedule. The community will benefit by being able to use of the facility
sooner. Currently the visitors to the ranch view an overview of the park on a small T.V. screen at
the former caretakers house which can accommodate only 12-15 people at one time. The
barn/theater once completed will be able to accommodate up to 50 visitors.
3. Grant Opportunities- Also included in this agenda bill is staff's request to receive authorization to
proceed with a grant application for the barn/theater restoration project. This grant opportunity is
for Prop 40 funds through the California Cultural and Historical Endowment (CCHE). If
architectural services are approved for the development of the plans and specifications of the
stabilization and theater restoration, staff can indicate this on the grant application and it may be
seen as a stronger candidate for grant funding demonstrating that the City is proceeding with a
full set of plans intended to restore the historical structure.
Prop 40 Grant Opportunities- Recently, staff has learned of additional grant funding opportunities which
would allow for complete restoration and public occupancy of the barn/theater building prior to it's
planned development as currently outlined in the CIP Budget. The time frame currently outlined in the
CIP would not allow for occupancy and operation until fiscal year 2014. If awarded the grant funding, a
$250,000 cost savings to the City will be realized towards the barn/theater restoration project and this
project could be completed well in advance of the original timeframe. Table 1 summarizes funding for
completion of the barn/theater project.
In accordance with Administrative Order #51, there is a procedural review process that a grant
application request must follow prior to City Council consideration. The review process among City staff
has been completed and on December 17, 2005, the Parks and Recreation Commission voted
unanimously for a recommendation of approval for City Council review.
Staff is requesting approval to proceed with the grant application to apply for $250,000 in CCHE funding
to complete the Barn/Theater Restoration.
Council has the following options available regarding this Agenda Bill:
Option 1: Not appropriate the $33,000 and not apply for the grant at this time.
Option 2: Appropriate the additional $33,000 needed to expand the scope of the professional
services agreement, approve the professional services agreement, but not apply for the grant.
Option 3: Appropriate the $33,000, and approve the professional services agreement. Authorize
appropriation of the $250,000 matching funds pending approval of the grant.
FISCAL IMPACT:
Architectural Services Agreement- The total cost of $90,870 for the architectural services agreement to
provide plans and specifications will be funded by a portion of the SAT grant ($57,900) and by Public
Facility Fee (PFF) funds ($33,000), if approved by the City Council, as shown below on Table 1. The
SAT grant funds, designated for barn stabilization only, have already been appropriated.
In addition, since a commitment of the total amount of the Prop 40 grant match is required from the City
in the grant application, staff is also requesting that the City Council authorize an additional $250,000
appropriation from the PFF fund for the match, pending approval of the grant. If the full funding request
of $250,000 is not approved by the State, then the City may withdraw the grant application during the
final review and award process to avoid any potential project-funding shortfall.
Page 3 of 3
Currently, there are sufficient funds in the PFF fund to appropriate the additional $33,000 for the
architectural services agreement, and there are sufficient funds in the PFF fund to appropriate
the grant-matching requirement of $250,000. Any timing effects on other projects to be funded
by the PFF fund will be addressed during the fiscal year 2006-07 CIP process if these
appropriations are approved.
The matrix below summarizes funding for completion of the barn/theater project.
Table 1
Summary of Barn/Theater Stabilization and Restoration Funding
Description Funding Source Amount
Barn/Theater Stabilization
SAT Grant Funds
Req'd City Matching
Funds
Total Current Funding Appropriated
Additional Funding Request for Architectural
Services for Barn/Theater Restoration
Barn /Theater Restoration
PFF
Prop 40 Grant
Application
Req'd. City Matching
Funds - PFF
Estimated Total Cost of Barn Restoration*
Estimated Total Barn Stabilization & Restoration
197,535
197,535
$395.070
33,000
250,000
250,000
$533.000
$928.070
*lf Prop 40 grant funds are awarded by the State and matched by the City.
At this time, the use of grant funds to complete the project will not require any additional operating
expense related to staffing requirements. Current staffing levels are sufficient to handle operational
demands. However, based upon the current formula used by Facilities Maintenance of $6.94/sq. ft., it is
reasonable to conclude that annual maintenance will cost approximately $8,300.
EXHIBITS:
1. Resolution No. 2006-017 approving consultant service agreement with Heritage Architecture
and Planning, additional appropriations for the project, and authorization to proceed with grant
application for the Barn/Theater Restoration project.
2. Leo Carrillo Ranch Historic Park Master Plan
3. Architectural Services Summary and Associated Costs
4. Consultant Services Agreement with Heritage Architecture and Planning - Leo Carrillo Ranch
Historic Park Barn/Theater Restoration
DEPARTMENT CONTACTS:
Liz Ketabian, Park Planner, 760-434-2978, lketa@ci.carlsbad.ca.us
Mick Calarco, Recreation Area Manager, 760-476-1678, mcala@ci.carlsbad.ca.us
1 RESOLUTION NO. 2006-017
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL
3 SERVICES AGREEMENT, APPROPRIATION OF ADDITIONAL
FUNDS AND GRANT APPLICATION FOR THE LEO CARRILLO
4 RANCH BARN STABILIZATION AND RESTORATION PROJECT
5 WHEREAS, additional funds in the amount of $33,000 are required to award a contract for
6 professional services for the bam stabilization and restoration project and
7 WHEREAS, it is necessary, desirable, and in the public interest to proceed with the award of the
„ architectural services contract for said Project at this time; and
WHEREAS, the City Council of the City of Carlsbad, California desires to stabilize and restore
the barn at the Leo Carrillo Ranch Historic Park; and
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WHEREAS, funds have been appropriated in the fiscal year 2005-06 Capital Improvement
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Program to stabilize the barn at the Leo Carrillo Ranch Historic Park; and
12 WHEREAS, an agreement for professional services for the final design to build-out for the
13 barn/theater restoration has been negotiated with Heritage Architecture and Planning; and
l^ WHEREAS, the City Council of the City of Carlsbad, California hereby finds it necessary,
15 desirable, and in the public interest to proceed with the professional services contract for the
16 aforementioned proj ect; and
17 WHEREAS, funds are available in the Public Facility Fee fund in the amount of $33,000 to cover
i g the additional costs for the professional services agreement to "build-out" for the barn/theater project; and
WHEREAS, Recreation Department Contingency funds will be reduced by $33,000 to cover the
additional costs for the professional services agreement for the barn/theater project; and
WHEREAS, in an effort to protect California's historical resources, a State Grant Program has
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been established as the California Cultural and Historical Endowment Program (CCHE); and
22 WHEREAS, the State of California has established and designated the California Cultural and
23 Historical Endowment, (CCHE) to receive grant applications and to administer funds for historic
preservation; and
25 WHEREAS, Leo Carrillo Ranch Park has been listed in the National Register of Historic Places
26 and is eligible for the CCHE grant program; and
27 WHEREAS, the City desires to apply for a $250,000 CCHE grant requiring a 1:1 match; and
28 WHEREAS, $250,000 is available in the Public Facility Fee (PFF) fund for the match.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California;
1. That the above recitations are true and correct.
2. That the City Council does hereby authorize the Finance Director to appropriate additional funds
for the project in the amount of $33,000 from the PFF fund for professional services to prepare
plans and specifications for the Barn/Theater project.
3. That an agreement for professional services for the Leo Carrillo Ranch Barn Stabilization and
Restoration project with Heritage Architecture and Planning is hereby approved and the Mayor is
authorized to execute said agreement on behalf of the City.
4. That the Recreation Director is authorized to apply for a grant in the amount of $250,000 from
The State of California Cultural and Historical Endowment, Prop 40 funds.
5. That, the City Council of the City of Carlsbad, California authorizes a $250,000 appropriation
from the PFF funds for the CCHE grant award matching funds, pending approval of the State
grant.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad City
Council held on the 24th day of January , 2006 by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard,
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST
LORRAINE M.WOOD
-2-
LEGEND
A ~ Project Entry
B ~ Ranch Perimeter Streetscape
C ~Tour Staging Area
0 ~ Parking Lot Area
E ~ Caretaker's Cottage /
Visitor Orientation Center
• F~Open Space Area
G ~ Main Hacienda
H ~ Main Social Events Area
• I ~ Living History Area
1 ~ Deedie's House
K ~ Main Courtyard
L ~ Landscape Buffer
• M ~ Informal Picnic Area
N ~ City Wide Trail System
O ~ Community Trail System
• P ~ Conquistador Cross
Q ~ Old Bridge
R ~ Orchard
• S ~ Botanical Garden
T~New Caretaker's Residence
1( U~WoodBarnTheater"[
• V ~ Small Amphitheater
W ~ Riparian Area
rLT"UO 3O 60 12tt t8«
PROPQiED
MASTER PLAN
City of Carlsbad
Figure 4-1
Phase III
Barn/Theater Stabilization and Restoration Project
Leo Carrillo Ranch Historic Park
Architectural Services and Associated Costs
Item Cost
Phase 1 - Barn Stabilization and Restoration
Structural Items
Foundation
Wall Stabilization
Roof
Messanine
Floor Slab
Architectural Items
Roofing
Exterior Wall Siding & Finishes
Exterior Doors, Restoration & New
Exterior Stairway
Utility Rough-Ins & Site Connections
Electrical, minimal
Miscl. Site Work
Phase I Total Architectural Fees $57,900
Phase II- Build-Out Theater Restoration
Interior wall & Roof Furring
Restroom
Chair Storage/Office
Displays
HVAC
Electrical and Communications
Total Phase II Architectural Fees $32, 970
Total
Architectural Services to Build-Out $90, 870
y
AGREEMENT FOR ARCHITECTURAL SERVICES
FOR BARN RESTORATION AT LEO CARRILLO RANCH HISTORIC PARK
Heritage Architecture & Planning
THIS AGREEMENT is made and entered into as of the <0<- day of
v 1/hULt &&-*</ 2QQfa, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Heritage Architecture & Planning, a corporation
("Contractor").
RECITALS
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A. City requires the professional services of an architectural consulting firm
that is experienced in historical preservation to provide the necessary final design and
preparation of construction documents.
B. Contractor has the necessary skills, qualifications and experience in
providing professional services and advice related to historical building restoration and
has demonstrated their expertise, knowledge of and positive past performance in
regards to similar work at the project site.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first
above written. The City Manager may amend the Agreement to extend it for (1)
additional one year period or parts thereof in an amount not to exceed 10% per
agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will
prepare a written amendment indicating the effective date and length of the extended
Agreement.
City Attorney Approved Version #04.01.02
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement. The work under
this contract will begin within ten (10) days after receipt of notification to proceed by the
City and be completed within 180 calendar days of that date. Extensions of time may
be granted if requested by the Contractor and agreed to in writing by the City. The City
will give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of the Contractor, or delays caused
by City inaction or other agencies' lack of timely action.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be Ninety thousand and eight hundred seventy dollars ($ 90.870 ). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
City Attorney Approved Version #04.01.02
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1.000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
City Attorney Approved Version #04.01.02
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10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
City Attorney Approved Version #04.01.02
tl
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
^d/7
Name Liz Ketabian Name /. //*>•
Title Park Planner Title
Department Recreation Department Address
City of Carlsbad <Sfr) «Pfe6Q, Cft-
Address 1200 Carlsbad Village Dr. Phone No. (M( *%fl _
_ Carlsbad. CA 92008
Phone No. 760-434-2978 _
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
City Attorney Approved Version #04.01.02
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #04.01 .02
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
City Attorney Approved Version #04.01 .02
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
(e-mail address)
Bv: f-
(sign here)
(print name/title)
-mail address W") ^
By:^
(print name/title)
City Attorney Approved Version #04.01.02
CITY
corpon
iyor
LORRAINE M. WOOD
City Clerk
ATTEST:
If required by City, proper notarial acknowledgment of execution by w,,«^Mk—. , ^
must be attached. If a Corporation. Agreement must be signed by one corpof&tenm^sV
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attorney
City Attorney Approved Version #04.01.02
EXHIBIT
SCORE OR SERVICES
HERITAGE
ARCHITECTURE & PLANNING
FEE SCHEDULE
The total fee for the work described in the Proposal is Ninety thousand, eight
hundred seventy dollars ($90,870) with payments invoiced monthly as the work
progresses. The fee is based upon our understanding of the scope of work as shown
in this Proposal. Estimated compensation is included below:
LEO CARRILLO RANCH - BARN THEATER / MULTI-PURPOSE SPACE
HOURS COST
Task I Initial Organization / Schematic Design
• Senior Principal $ 185 4 $ 740
• Project Architect $ 115 40 $ 4,600
• Intermediate Draftsperson $ 75 60 $ 4,500
• Clerical $ 55 8 $ 440
Subtotal for Task I $ 10,280
Task II Construction Documents
• Senior Principal $ 185 8 $ 1,480
• Project Architect $ 115 80 ft 9,200
• Specification Writer $ 85 60 $ 5,100
• Intermediate Draftsperson $ 75 160 $ 12,000
• Clerical $ 55 12 $ 660
Subtotal for Task II $ 28,440
SUMMARY OF COSTS
• Heritage Architecture & Planning $ 38,720
• Melvyn Green & Associates $ 12,800
• Bechard & Associates ft 14,400
• RBF Consulting ft 19,050
• Leverton & Associates $ 3,400
Total ft 88,370
Reimbursable Expenses ft 2,500
GRAND TOTAL $ 90,870
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMrvIL: HERJTAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
77
HERITAGE
ARCHITECTURE & PLANNING
Schedule of Fees
Hourly Rates Basic Costs
Senior Principal $185.00/Hour
Principal $145.00/Hour
Project Manager $115.00/Hour
Project Architect $115.00/Hour
Project Historian $ 95.00/Hour
Preservation Planner $ 95.00/Hour
Specification Writer $ 85.00/Hour
Senior Designer $ 85.00/Hour
Senior Draftsperson $ 85.00/Hour
Report Writer $ 85.00/Hour
Intermediate Designer $ 75.00/Hour
Intermediate Draftsperson $ 75.00/Hour
Graphic Artist $ 75.00/Hour
Financial Controller $ 75.00/Hour
Research Assistant $ 65.00/Hour
Beginning Draftsperson $ 65.00/Hour
Clerical $ 55.00/Hour
Architectural Trainee $ 45.00/Hour
Miscellaneous
This category includes materials, services, and equipment, which are not covered in the hourly rate
schedule. Miscellaneous items include:
B/W Plots $15.00/Each
Color Plots $10.00/SF
Automobile mileage (over 30 mile radius from office) $ 0.485/Mile1
Travel and subsistence, per day At cost + 15%
Printing and photographic work At cost + 15%
Long Distance telephone and faxes At cost + 15%
Equipment rental At cost + 15%
Other Consultants Employed by the Client
Coordination of services from consultant employed by the Client will, in most cases, generate
additional work from Heritage Architecture & Planning and are not included in the fee. Heritage
Architecture & Planning can provide a separate fee proposal to the Client if additional coordination
is necessary.
1 2005 IRS Standard Mileage Rate (SMR)
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL: HEMTAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
HERITAGE
ARCHITECTURE & PLANNING
Terms
Payment for services is due upon presentation of the invoice. Invoices are normally rendered on a
monthly basis as either a partial or final billing.
This proposal is valid for 60 days. Thereafter, it shall expire unless extended in writing.
Reimbursable Expenses
Reimbursable Expenses described below shall occur, as necessary, and be billed by the Architect on
an itemized statement specifying the type of service and/or the material provided, copies of receipts,
if applicable, the position of the person providing the service, the person's hourly rate, the time
spent and the cost incurred to provide the service. Funding for the reimbursable expenses is
provided to pay the Architect for the various duties described below that do not lend themselves to
precise estimation on a lump sum basis, and for that reason is not included in the Basic Services.
Reimbursable Expenses, however, are essential to aid the Architect in the performance of the Basic
Services and Additional Services, when authorized.
• Printing and reproduction as required by the Consultant
• Film and Film processing as required by the Consultant
• Automobile Mileage/Travel related costs
• Long distance telephone/fax
• Equipment rental
• Report reproduction and expendable supplies (data duplication, historic maps,
historic photographs, field maps and graphics supplies).
Additional Services
The following services are available at an additional fee. This fee can be determined once the scope
of work is further defined.
• Public presentations.
• Video documentation.
• Professional photo work of archival quality.
• Study models.
• Professional renderings.
• Presentation model construction.
• Graphics design, signage, photo simulations.
• Independent field testing.
• Acoustical design.
• Environmental documentation and research.
• Archaeology.
• Landscape architecture.
• Drainage Study
• Erosion Control Plans
• Storm Water Pollution Prevention Plans
C:\HAP-PROJECTS\05041 - Leo Camllo Ranch - Barn CD's\Docs\proposal_buildout\pioposal_thcater buildout 09-27-05.doc
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL: HERITAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
TT
FRIENDS OF CARRILLO RANCH, INC.
FILE
City Manager For the Information of the
CITYCCfUNCIL
P.O. Box 130145, Carlsbad CA 92013-01 dilate 76Q/43aGH8iflganager
e-mail • friendsofcarrilloranch@yahoo.com
oughly the same letter
to all Council Members
January 20, 2006
Hon. Claude A. Lewis, Mayor
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92010
SUBJ: AB#18,420 - Approval of Professional Services, Appropriation of Additional
Project Funds, and Authorization To Proceed With Grant Application For the
Barn/Theater Restoration At Leo Carrillo Ranch Historic Park - Project 3961
Dear Buddy:
The Board pf Directors has asked me to convey its support for this important
project. We hope you will vote to approve the Agenda Bill as titled and the staff
recommendation in its entirety.
Thank you as well for all your past assistance in making this wonderful
resource available to the community.
Yours truly,
Alan K. Kindle
President
C: City Manager Ray Patchett
Recreation Director Ken Price
Park Manager Mick Calarco
Board of Directors
1 JAN 2 3 2006
CITY OF CARLSBADCITY CLERK'S OFFICE
A 501 (cH3) California Educational Corporation Since 1990