CITY OF CARMEL-BY-THE-SEA

MEMO

August 4, 2015

To: Honorable Mayor and Members of the City Council

From: Douglas J. Schmitz, City Administrator

Subject: Consideration of a Planning Commission recommendation regarding changes proposed by council on 15 July on the Forest Theater; Consideration of a Second Amendment to the Agreement with Cody Anderson Wasney Architects for the Development of Schematic Designs and Construction Documents for Design Changes for Phase 1 of the Forest Theater Renovation Project in an Amount Not To Exceed $50,000

BACKGROUND:

At the Council meeting of 15 July, Council made a decision (5-0) to make adjustments to the approved plan for the handicapped parking, driveway and pedestrian walkway at the Forest Theater. Staff was to obtain a contract amendment proposal from Cody Anderson Wasney (CAW) for the proposed alterations. Attached is the staff report for 4 August which had been prepared for Council’s consideration of the contract amendment. A copy of the Council’s motion of 15 August is also attached.

One of the directives from 15 July was for the Planning Commission to “review the plans on an expedited basis.” The Commission met on 29 July and by unanimous vote recommended to the Council that the initial design for which the bid had been awarded to Otto Construction be maintained and Council not pursue the changes it discussed on 15 July. A copy of the Planning Commission’s motion is attached.

COMMENTARY:

Due to the directives Council gave on 15 July for both an expedited Planning Commission review and to have the project completed by March 2016, the contract amendment with CAW was to be on the agenda for 4 August. However, with the Planning Commission’s recommendation of 29 July, it would not be prudent or efficient to place the CAW matter before Council without a Council discussion on the Commission’s recommendation.

Therefore, both the Commission’s recommendation and the CAW contract have been combined for Council’s consideration on 4 August.

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 1

ATTACHMENTS:

1. Planning Commission Motion of 29 July 20152. City Council Motion of 15 July 20153. Vanderford Report on CAW contract amendment with Resolution to proceed

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 2

From: Marc Wiener Sent: Thursday, July 30, 2015 9:01 AM To: Leslie FentonCc: Rob MullaneSubject: RE: PC Motion

Leslie,

This is a section from an e-mail that I sent to Doug yesterday summarizing the motion.  The vote was

 a unanimous 4-0.

In its final motion, the Planning Commission recommended that we maintain the permitted design with the minor revision that included backfill to screen and soften the appearance of the walls.  The Commission acknowledged that neither plan was perfect, but that the permitted design had more advantages than the alternative.  The Commission’s primary concerns with the alternative design is that it would require the elimination of 2-3 trees, would require an unsightly switchback ramp, and eliminated the pedestrian pathway included with the permitted design.  In addition, the Commission recommended that the City explore the western pathway, but was explicit that it not be tied to the triage project and that it not delay the opening of the Forest Theater.

Marc WienerSenior PlannerCity of Carmel-by-the-Sea P.O. Drawer Gmain 831-620-2010 direct 831-620-2024

ATTACHMENT - 1

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 3

ATTACHMENT - 2

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 4

Doug Schmitz

From: Sent: To: Cc: Subject:

MOTION Theis, SECOND Talmage:

Doug Schmitz Wednesday, July 15, 2015 7:02 PM 'Jason Burnett'; CityCouncil Lee Price; Ashlee Wright; 'Mary Schley' Tonight's Motion/ Forest Theater-- -DRAFT

Reorient the handicapped parking space in the approved plans with the intent of not triggering CEQA;

Meet the March 2016 deadline;

The approved driveway and walkway (attached to driveway on westside) are to be gone; meet with Otto Construction ASAP;

Planning Commission to review plan on an expedited basis;

Approved driveway/walkway subject of a change order for removal;

Goal is to keep a handicapped space out of vehicle/pedestrian conflict mode;

Incorporate Otto into process;

Planning Commission to look at new west path as part of its review;

Passed: 5-0

1

CITY OF CARMEL-BY-THE-SEA

Council Report

August 4, 2015

To: Honorable Mayor and Members of the City Council Douglas J. Schmitz, City Administrator

From: Andy Vanderford, Public Works Project Manager

Subject: Consideration of the Planning Commission recommendation regarding changes proposed by Council on 15 July on the Forest Theater; Consideration of a Second Amendment to the Agreement with Cody Anderson Wasney Architects for the Development of Schematic Designs and Construction Documents for Design Changes for Phase 1 of the Forest Theater Renovation Project in an Amount Not To Exceed $50,000

RECOMMENDATION(S):

Adopt the resolution authorizing the City Administrator to execute a Second Amendment to Agreement with Cody Anderson Wasney Architects (CAW) for the development of schematic designs and construction documents for design changes for Phase 1 of the Forest Theater Renovation Project in an amount not to exceed $50,000.

EXECUTIVE SUMMARY:

On July 15, 2015, the City Council met to consider potential design changes for the Forest Theater Repair Project. Included in the discussion were concerns of the community and the Council regarding the location and design details for the accessible parking stall. In addition, since the award of the contract to Otto Construction, there has also been renewed interest in a “West Pathway” option.

Parking stall concerns pertain to aesthetics, vehicle-pedestrian conflicts, and the driveway along with its accompanying pedestrian walkway. At the July 15th meeting, the Council passed a motion that contained directives to reorient the accessible parking stall in the approved plans with the intent of not triggering CEQA and that the previously-approved driveway and walkway (attached to driveway on Westside) are to be deleted.

In order for staff to implement the direction by Council, staff recommends that Council approve a Second Amendment to the Agreement with Cody Anderson Wasney Architects (CAW) for the development of schematic designs, construction documents, estimates, etc., for design changes for Phase 1 of the Forest Theater Renovation Project in an amount not to exceed $50,000.

ANALYSIS/DISCUSSION:

If Council approves the proposed Second Amendment to the Agreement, staff will work with CAW to: 1) develop schematic designs to be used for presentation(s) to the Planning

ATTACHMENT - 3

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 5

Commission and Council, and 2) if upon further Council direction, develop construction documents including plans, specifications and estimates, negotiating a potential contract change order with the contractor, amending permits, etc. In addition, CAW will provide assistance to the City with the construction administration of the executed change order.

______________________________________________________________________ ALTERNATIVES:

Council has the option to not authorize the Second Amendment to the Agreement with the recommended firm. Council may authorize staff to negotiate a fee proposal and professional services agreement with a different architect/firm. However, CAW has produced schematic designs, construction documents, etc., from the initial stages of the project until now and continuing services with the firm allows for project continuity.

FISCAL IMPACT:

Council allocated a total of $2,000,000 to this project as part of the City’s adopted Capital Improvement Program. There currently are unallocated monies for this project available to fund the proposed second amendment to the agreement. The proposed Second Amendment to the Agreement with CAW is in an amount not-to-exceed $50,000. Staff anticipates that the entire $50,000 will not be expended for those change directives, thus perhaps leaving a ‘design contingency’ which may be used for other future additional services.

Budgeted (yes/no) Funding Source( general fund, grant, state)

Yes General Fund – Measure “D”

PREVIOUS COUNCIL ACTION/DECISION HISTORY:

On August 5, 2014, Council approved an agreement with CAW in the amount not to exceed $114,530 for “Triage Phase” (Phase 1) and a conceptual master plan. On October 16 and 29, 2014, Council provided direction to CAW on the proposed design of the Phase 1, including authorizing CAW and staff to move forward to construction documents based upon the “Alternative D” schematic design.

On January 6, 2015, Council approved a separate agreement with CAW in an amount not to exceed $154,398 to provide development of construction documents for Phase 1 of the Forest Theater Renovation Project.

On April 7, 2015, Council provided authority to the City Administrator to negotiate and execute and amendment to the services agreement with CAW in an amount not-to-exceed $15,000.00 to provide construction documents, etc., for the “terraced” steps design, which resulted in an executed First Amendment to the Agreement with CAW for the development of construction documents for Phase 1 of the Forest Theater Renovation Project “terraced” steps design.

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 6

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 7

ATTACHMENTS:

1. Resolution 2. Second Amendment to the Agreement, Exhibit A 3. Attachment to the Second Amendment to the Agreement: Schedule

Council Meeting Date: 8/3/15 ltem #7.H

Page 3

RESOLUTION 2015-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A SECOND

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CODY ANDERSEN WASNEY ARCHITECTS FOR THE DEVELOPMENT OF SCHEMATIC

DESIGNS AND CONSTRUCTION DOCUMENTS FOR DESIGN CHANGES FOR PHASE 1 OF THE FOREST THEATER RENOVATION PROJECT IN AN AMOUNT

NOT TO EXCEED $50,000

WHEREAS, the Forest Theater has been closed due to unsafe conditions and the City Council has expressed a desire to correct the building code violations and reopen the Theater; and

WHEREAS, Council has allocated funding as part of the Fiscal Year 2015-16 budget; and

WHEREAS, the City Council entered into an agreement with Cody Andersen Wasney Architects on August 5, 2014 for schematic design for Phase 1 life and safety and accessibility improvements necessary to reopen the Theater and a conceptual master plan; and

WHEREAS, On January 6, 2015 Council approved an agreement with CAW in an amount not-to-exceed $154,398 to provide development of construction documents for Phase 1 of the Forest Theater Renovation Project.

WHEREAS, On April 7, 2015 Council passed a motion, part of which provided authority to the City Administrator to negotiate and execute and the First Amendment to the Agreement with CAW in an amount not to exceed $15,000.00 to provide construction documents, etc., for the “terraced” steps design, which resulted in an executed First Amendment to the Agreement with CAW.

WHEREAS, retaining Cody Andersen Wasney to assist in the preparation of schematic designs and construction documents needed to implement design changes for the Phase 1 project and provide construction management related services during the actual construction period of a potential executed change order and is in the best interest of the City due to the firm’s specialized knowledge and familiarity with the Phase 1 improvements.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

Authorize the City Administrator to execute a Second Amendment to the Agreement with Cody Andersen Wasney Architects for the development of schematic designs and construction documents for design changes to Phase 1 of the Forest Theater Renovation Project in an amount not-to-exceed $50,000.

ATTACHMENT - 1

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 8

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of AUGUST 2015, by the following roll call vote:

AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:

APPROVED:

___________________________ Jason Burnett, Mayor

ATTEST:

________________________________ Lee Price, City Clerk

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 9

ATTACHMENT - 2

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 10

SECOND AMENDMENT TO AGREEMENT (Reference Agreement#: PWD-PSA-043-CODYII-14/15)

THIS SECOND AMENDMENT TO AGREEMENT ("Amendment") made and entered into as of this __ day of , 2015, amends the Agreement heretofore entered into between the CITY CARMEL-BY-THE-SEA, a municipal corporation ("CITY"), and Cody Anderson Wasney Architects, Inc. C1878595 ("CONSULTANT'').

RECITALS CITY and CONSULTANT entered into an Agreement for an amount of $146,398.00 plus an

$8,000.00 allowance for reimbursable expenses, dated February 2, 2015, for architectural services for the renovation of the Forest Theater facility, hereinafter referred to as "Agreement"; and

CITY and CONSULTANT entered into a First Amendment to the Agreement for an amount of $11,600.00 plus a reimbursable allowance of $300.00, dated May 8, 2015, for architectural services for the renovation of the Forest Theater facility "Terraced Step Design", hereinafter referred to as "First Amendment to the Agreement"; and CITY and CONSULTANT now desire to modify the scope of work, therein, by requiring additional services.

AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in

nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows:

1. CONSULTANT shall provide additional services as described in Exhibit "A", attached hereto and incorporated herein by reference. Such additional services shall be completed within as agreed following execution of this Amendment by both parties.

2. CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall Not Exceed $50,000.00, to be expended either at T&M and/or fixed fee as authorized by the City.

3. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void.

4. Except as otherwise provided herein, the Agreement entered into by CITY and CONSULTANT, dated February 2, 2015 remains in full force and effect.

CITY OF CARMEL-BY-THE-SEA

By: ---------------------

Date:

By:

Doug Schmitz City Administrator

--------------------

Andy Vanderford Project Manager

1

CONSULTANT

By:

Date:

Chris Wasney Principal

1. 22- '5 --------------------

Attest: -------------------

Name: -------------------City Clerk

Date: --------------------

July 17, 2015

Mr. Andy Vanderford

Public Services Department, City of Carmel-by-the-Sea

P.O. Box CC

Carmel, CA 93921

RE: Proposal for Additional Services – Forest Theater Renovation

ASA #3: Feasibility Study of Adjustments to Driveway

Dear Mr. Vanderford:

We are pleased to submit our proposal to provide Additional Services for the Carmel Forest Theater Renovation, specifically for the scope noted below.

SCOPE DESCRIPTION

The city has requested that a change order be pursued under the construction contract with Otto Construction which may include the elimination of the new driveway and the adjacent parking stepped walk way, and a redesign of the accessible parking stall. The scope of services for this work is as follows:

∗ Needs assessment conference call with the Owners representatives ∗ Schematic Design and estimates ∗ Presentation of the Schematic Design and estimates to the Owner, Public, Council, etc. ∗ Design Development Documents (50% Design) and estimates submittal for City review and comment ∗ Construction Documents (100% design) and estimates submittal for City review and comment ∗ Plan Check / Permit Amendments ∗ Change Order review ∗ Construction Administration services

This work will require efforts by the civil engineer (BKF), the cost consultant (TBD Consultants) as well as coordination and review by CAW.

We propose to initiate the work on this scope with an allowance (not to exceed) of $50,000 for Time and Materials for our team’s work. Upon completion of the needs assessment conference call and schematic design and subsequent estimates, we will revisit this proposal to refine the overall anticipated fees for this work.

Our hourly rates for any additional scope will be per the hourly rates quoted in our original contract.

We understand the critical timeline of this work due to the ongoing construction, and our team will endeavor to expedite our efforts as much as is possible.

ATTACHMENT - 3

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 11

SUMMARY OF FEES

Based on the scope description noted above, we propose to initiate the Additional Services scope of work on an hourly basis, with an hourly allowance of $50,000 for our team to begin this scope of work. We will revisit this proposal once we have established the full program for this work and have received approval on the schematic design.

Should you be in agreement, we ask that our proposal be formalized with an approval to proceed with the work outlined above.

We greatly appreciate this opportunity to continue our work on the Forest Theater Renovation project. Should you have any

questions related to this proposal, please contact me at your convenience.

Sincerely,

Chris Wasney, AIA website |www.cawarchitects.com Principal email | cwasney@cawarchitects.com Cody Anderson Wasney Architects, Inc.  

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 12

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 13

2015 BilliNG RATES

Our billing rllte sdled•" as l'lotedbelow, ll.s.1~~~g~ the nnge~ r~tcs ~~

e.c:h steff PQ&.ihon W~ ldiu51 thes.t Mnutltv tluough normlll wl<~rv r•view putctlces.

Ptir<tPIII sns

A»ociet• $150

Pt~ MaNager Sl30

JobC<lPI~I'I $115

Oe"Qne-t.'Dreftspet"SOn ,,. Adminii{rtUiY$ U6

ID Task Name Duration Start Finish Predecessors

1 RFP 14 days Thu 7/16/15 Tue 8/4/15

2 RFP mailed to Consultant 1 day Thu 7/16/15 Thu 7/16/15

3 Consultant scope and fee proposal development period 2 days Fri 7/17/15 Mon 7/20/15 2

4 Receipt of proposal 0 days Mon 7/20/15 Mon 7/20/15 3

5 Potential negotiation of Scope & Fee 3 days Tue 7/21/15 Thu 7/23/15 4

6 Proposal acceptance 1 day Fri 7/24/15 Fri 7/24/15 5

7 PC meeting at 2:30 PM 1 day Wed 7/29/15 Wed 7/29/15

8 Process amendment to the agreement (signatures) 5 days Mon 7/27/15 Fri 7/31/15 6

9 Council Award of amendment to the agreement & direction to move forward with PCCO

1 day Tue 8/4/15 Tue 8/4/15

10 Schematic Design 25 days Tue 8/4/15 Tue 9/8/15 9

11 Consultant Notice to Proceed 0 days Tue 8/4/15 Tue 8/4/15 9

12 Kick off meeting 1 day Wed 8/5/15 Wed 8/5/15 9

13 Schematic Design - CONFIRMED BY CAW 10 days Thu 8/6/15 Wed 8/19/15 12

14 City Review and comment period (Council, PC, FB, etc) 5 days Thu 8/20/15 Wed 8/26/15 13

15 Schematic Design resubmittal 5 days Thu 8/27/15 Wed 9/2/15 14

16 City Review and comment period (Council, PC, FB, etc) 3 days Thu 9/3/15 Mon 9/7/15 15

17 Schematic Design resubmittal, design approved 1 day Tue 9/8/15 Tue 9/8/15 16

18 Design Development Phase (50% Design) by Consultant 22 days Tue 9/8/15 Thu 10/8/15

19 Consultant Notice to Proceed 0 days Tue 9/8/15 Tue 9/8/15 17

20 Design Development - CONFIRMED BY CAW 15 days Wed 9/9/15 Tue 9/29/15 19

21 City review and comment period 3 days Wed 9/30/15 Fri 10/2/15 20

22 Design Development corrections 3 days Mon 10/5/15 Wed 10/7/15 21

23 Design Development resubmittal 1 day Thu 10/8/15 Thu 10/8/15 22

24 Construction Document Design Phase (100% Design) by Consultant 23 days Fri 10/9/15 Tue 11/10/15

25 Consultant Notice to Proceed 1 day Fri 10/9/15 Fri 10/9/15 23

26 Construction Document Design - CONFIRMED BY CAW 15 days Mon 10/12/15 Fri 10/30/15 25

27 City review and comment period 3 days Mon 11/2/15 Wed 11/4/15 26

28 Construction Document Design corrections 3 days Thu 11/5/15 Mon 11/9/15 27

29 Construction Document Design resubmittal 1 day Tue 11/10/15 Tue 11/10/15 28

30 Plan Check & Permits 6 days Wed 11/11/15 Wed 11/18/15

31 Plan Check - CONFIRMED 3 days Wed 11/11/15 Fri 11/13/15 29

32 Back Check Corrections by CAW - CONFIRMED 2 days Mon 11/16/15 Tue 11/17/15 31

33 Plans Permits & RFP for CCO ready 1 day Wed 11/18/15 Wed 11/18/15 32

34 RFP / CCO Process 23 days Thu 11/19/15 Mon 12/21/15

35 RFP Contractor for CCO 1 day Thu 11/19/15 Thu 11/19/15 33

36 Contractor estimating time (ASSUMPTION) 15 days Fri 11/20/15 Thu 12/10/15 35

37 Proposal received 1 day Fri 12/11/15 Fri 12/11/15 36

38 City / Architect evaluation of proposal 1 day Mon 12/14/15 Mon 12/14/15 37

39 Council Award 1 day Fri 12/18/15 Fri 12/18/15 38FS+3 days

40 Signatures - executed CCO 1 day Mon 12/21/15 Mon 12/21/15 39

41 Construction 51 days Tue 12/22/15 Tue 3/1/16 39

42 Notice to Proceed 1 day Tue 12/22/15 Tue 12/22/15 40

43 Construction (ASSUMPTION) 50 days Wed 12/23/15 Tue 3/1/16 42

Fri 7/24/15 10:40 AM PCCO FOR DRIVEWAY Public Works Project Manager: Andy VanderfordDeisgn Consultant: CAW

Page 1

Council Meeting Date: 08/04/2015 Agenda Item: 8.C

Page 14