Loading...
99-067 RESOLUTION NO. 99-67 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF R. d. HEISENBOTTLE ARCHITECTS, P.A. TO PROVIDE CONSULTING SERVICES ASSOCIATED WITH I.S.O. NO. 99-9-24-10, CULTURAL ARTS CENTER FACILITY FEASIBILITY STUDY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT; AUTHORIZING CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Professional Consulting Services for a Cultural Arts Center Feasibility Study; and WHEREAS, said proposals were evaluated by a Review Team consisting of the Director of Community Services, Assistant to the City Manager and the City Manager; and WHEREAS, said Review Team recommends the selection of the firm of R. J. Heisenbottle Architects P.A., based on said firm's experience and qualifications; and WHEREAS, the City Commission desires to authorize the City Manager to enter into the attached agreement outlining the scope of services and fees with the recommended firm, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of R. J. Heisenbottle Architects, P.A. is hereby selected to perform Professional Consulting Services for the City associated with I.S.Q. No. 99-9- 24-10, Cultural Arts Center Feasibility Study. Section 2. The City Manager is hereby authorized to enter into the attached Agreement for services associated with the study. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section4. This Resolution shall become effective immediately upon its adoption. Resolution N0.99-67 Page2 The foregoing Resolution was offered by Commissioner Besk~. who moved its adoption. The motion was seconded by Commissioner Cohen , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin yes Commissioner Ken Cohen >-es Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow :,'es Commissioner Patricia Rogers-Libert 7es Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder PASSED AND ADOPTED this 23rd day of N?vember~1999: ARTHUR I. sNYDERi MAYOR ATTEST: ? TERESA M. SOROKA, OMC/A~E CITY CLERK APPROVED Ay TO L~GAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA CULTURAL ARTS CENTER FEASIBILITY STUDY A Proposal to: THE CITY OF AVENTURA, FLORIDA Submitted by: R. J. Heisenbottle Architects, P.A. 340 Minorca Avenue, Suite 10 Coral Gables, FL 33134 December 1, 1999 1. PROJECT MANAGEMENT AND ORGANIZATION Personnel assigned to the Aventura Study are specialists in the planning and design of arts and entertainn~ent spaces as well as the needs assessment and market analys~s. Each of these individuals has skills and credentials most relevant to this prq]ect. Complete biographies of~ all assigned personnel were included with our earlier proposal. Highlights are as follows: Richard J. Heisenbottle, President of R. J. Heisenbottle Architects, PA, will be PfincipaIdn-Charge of the Project. Mr. Heisenbottle has more than 26 years of expefience in all aspects of the profession of architecture and interior design as well as theater design and consulting. Most recently, Mr. Heisenbotfie's firm has been responsible for such projects as the Over,own Lyric Theater Ancillary Building, the Kings Point Theater for the Cultural Arts in Tamarac, Florida, Gusman Center for the Cultural Arts, Athens Theater in Deland, Florida and the Wyrmaoor Community Theater in Coconut Creek, FL. In addition he assisted the City of Homestead, Florida with a Feasibility Study for the renovation and reuse of the historic Seminole Theater, and helped them develop a master plan to make the best use of the structure and the adjacent site. R. J. Heisenbottle Architects, PA was established in 1987 and has been a leader in its field since its inception. Victor Gotesman, President of Theatre Projects Consultants, Inc. will be Director - in - Charge m~d Project Manager for the Study. Mr. Gotesman joined TPC following a 25-year career managing and directing the activities of various cultural arts centers. Most recently, Mr. Gotesman opened and ran the Cerritos Center for the Cultural Arts in Los Angeles Comity, the nation's most innovative and flexible cultural arts center. Continually ranked in the top 5 theatres under 3,000 seats, Cerritos is a multi-form theatre with varying seating capacities of 900-1,820. He has also directed the Fine Arts Center Series at the University of Massachusetts/Amherst as well as programs at the University of Montana, and the University of Nebraska/Lincoln. Mr. Gotesman is past President of New England Presentors Consortium and has served on the Boards of the National Association of Cultural Arts Managers and Agents, Association of Cultural Arts Presenters and the Western Alliance of Arts Administrators. Padraic Fisher, Consultant with Theatre Projects Consultants comes to TPC after two years as the Managing Director of Michaet Mao Dance, NYC, NY. For the past 12 years Padraic has worked extensively in production and administration with a number of cultural arts and cultural organizations executing a wide range of programs both inten~ational and domestic. Managing or developing programs in performance, special events, fund raising, outreach and arts-in-education. Some of the organizations Padraic has worked with include: Youth Build USA, New York Renaissm~.ce Festival, First Night New Hampshire, Statue of Liberty Festival and Harlem School for the Arts. Padraic is also the President and a member of the Board of Directors of the NYC based Indonesian Cultural Foundation. He is a member of the [ntenlational Society of Cultural Arts Presenters, the New York State Allim~ce of Arts Organizations, the National Society of Fund Raising Executives, the Indonesian American Chamber of Commerce and the Circle Club of the Asia Society. Duncan M. Webb, principal of Webb Management Services, Inc., is a management consultant for the development and operation of cultural arts facilities, and the advancement of cultural arts organizations. Webb has completed more than 65 consulting assignments over the last ten years, including tern~s with Theatre Projects Consultants and AMS Planning and P~esearch. Mr. Webb has a degree in Economics from the University of Western Ontario and m~ MBA from the University of Toronto. lie is currently on the faculty of New York University's Graduate Program in Arts Administration and has earned the Certified Management Consultant designation of the Institute of Management Consulting. Recent cultural arts facility feasibility studies include a Cultural Arts Center Feasibility Study for Christopher Newport University in Newport News, VA, the Kansas City Cultural Arts Center Feasibility Study and the Salt Lake City Cultural Arts Center Feasibility Study. For the Richmond Art Council study, Mr. Webb would be principally focused on the market potential for new or renovated facilities, and the financial implications of these options. Leslie Graham, Consultant for Webb Management Services, would also work on the study. Graham is a graduate of Boston University's Graduate School of Management (with a certificate in non-profit management), and holds a Bachelor of Arts degree from Washington University in St. Louis. Her extensive work experience with non-profit arts organizations ranges from theater production at the Huntington Theatre Company and administration at the Jamaica Plain Arts Council, both in Boston, to public programming at the National Gallery of Art in Washington, D.C. Recent and relevant projects at Webb Management Services include a new facility feasibility study in Lowell, MA; a business plm~ for new outdoor facilities on the campus of Purchase College outside New York City, and a business plan/site selection exercise for a new cultural arts center in Piano, TX. 2. WORK PLAN FOR THE PROJECT For this study, '~ur Work Plan would be structured as follows and would consider five principal issues: · Review Project with City Staff · Facility Needs based on the Facility Inventory of Aventura/Miami region · Comanunity Input · Market Analysis · Facility Uses and Users · Facility Assessment and Master Plan At the end of this analysis, we will present conclusions and recommendations. Following is a detailed description of the services we would provide to the City of Aventura. This program of services is developed and based upon discussions with the City of Aventura m~d our experience in similar communities. PHASE 1 - NEEDS ASSESSMENT · Review Project with City Staff/City Commission Review the community's vision for cultural facilities with the City Commission in a workshop setting. Learn from the City impetus for cultural facilities and explore the political enviroranent for any project's development. · Cultural Arts Program & Facility Assessment Conduct research into cultural arts programming that currently exists in and around Aventura. Assess the venues used for programming and determine the organizations served by existing performance spaces in the area. Conduct an architectural, acoustical and functional assessment of any existing spaces such as schools, churches, activity centers, ballrooms, etc. and consider their appropriateness in supporting cultural programs for the community. This assessment will lead to preliminary conclusions and recommendations for the potential for new cultural facilities. · Market Analysis Consideration of the potential market for new cultural facil[ties in Aventura, involving several components: Market Area Definition and Demographic Analysis: Define the appropriate market for the cultural arts in Aventura m~d describe that population in terms of size, rate of growth mad demographic factors as age, income, education level and occupation. 3 Patron Analysis and Market Penetration: Geo-code paIron lists of major cultural arts organizations in Aventura using the PRIZM system in order to describe existing and potential audiences in geo-demographic terms. This exercise will allow us to suggest the penetration of cultural arts groups into key market segments and determine the potential to build additional audiences. Hold Town meeting for community input. Comparable Markets Analysis: Research attendance and participation rates in comparable markets, considering market penetration and the impact of improved or additional facilities on participation rates for each of the major disciplines. Organizational Profiles: Review the development and activity of major cultural arts groups in Aventura to assess their current position and potential to develop additional audiences. · Facility' Uses and Users Arrange to meet with local arts groups, regional presenters, entertainment providers, educators, and community leaders to assess the demand for new or improved facilities and the likely level of activity if new/additional facilities are developed. This will include the need for new performance spaces, as well as the need for rehearsal, support, educational and other complimentary facilities. · Regional Facilit~ Assessment and Master Plan Consider the use and evaluate the condition of other cultural arts facilities in the region. Suggest the optimal role for each within the regional inventory of facilities, and what types of improvements or changes might be appropriate to optimize their contribution to the cultural life of the region. · Phase 1 Conclusions Based on the above, suggest whether new facilities would be appropriate in Aventura, describing these facilities in terms of their physical components, capacities and relationship to other facilities. Present these findings and preliminary recommendations in Aventura. If no new facilities were appropriate in terms of market support and potential need, the study would end at this point. Further, even if a new facility were appropriate, study would not proceed to Phase 2 unless agreed by the City, at the City's sole descression. PHASE 2 - CULTURAL ARTS FACILITY - CONCEPT DEVELOPMENT · Based upon Phase 1 conclusions, make recommendation on: · Construction ora new cultural arts center to serve as a primary facility for ail major cultural arts orgmfizations aa~d presenters. · Review various site options and make recommendations on options m~d implications. · Prepare cost estimates for the development of new cultural facilities. · Prepare a preliminary pro forma of programs and events for a new cultural arts facility. · Prepare a preliminary space program for the cultural arts facility based on the needs of potential users, audiences and owners. · Develop a Pro-forma operating model that includes governance and operations. · Generate proposals and a budget for specialist pcrfoxrnance equipment, including where appropriate, stage rigging and machinery, stage lighting, sound, film and video, audio-visual, performance communications seating and stage furnishings. · Develop an order-of-magnitude construction budget for the facility, based on the program outlined above. This estimate would address the following areas: ° site preparation and development ° infrastructure ° new construction o performance-relaled equipment ° furnishings, fittings and equipment ° landscaping ° roads and parking ° design and post-construction contingencies o design team fees · Recommend a management structure and staffing requirements for the cultural arts facility. Suggcs: models for governance between the community and the facility users. Include salaries and wages for full time and part-time personnel. Recommend joint-use policies, maintenance agreements and direct rentr~i arrangements consistent with the recommended operating model and staffresources. · Prepare an operating pro forma for the first three years of operation of the new theatre. Estimat~ anticipated revenues and expenses from all sources, including: o ticket sales and rentals ° box office charges ° food and beverages and other concessions ° salaries and benefits ° utilities, maintenance and capital replacement o presentation costs o insurances and administration o advertising · Provide guidance on the implementation of the project, including a specific work plan and a cash fb forecast for the disbursement of the capital funds through the development. · investigate the potential sources of funding available to support the construction and operation of n cultural arts facilities. This will include a review of all public funding sources at local, State and Fed~ levels and private funding from corporations, foundations and individuals. · Deliver a Final Report at the end of this phase outlining all of the analysis, conclusions mhd recommendations. Present these findings to the Client. 3. COST OF PROJECT Fees for Consulting Services: We would propose lump sum fees for each of the study components outlined above. These fees are subject to negotialion based on any changes to the scope of services required by the City of Aventura, the schedule and fees for the study components including the number of trips to Aventura are: Phase Fee Length Phase 1-Needs Assessment $27,380 6-8 weeks Phase 2-Concept Development $49,620 12-14 weeks Total Fee - $77,000 Expenses of ground and air transportation, accommodations, communications including FedEx, postage, and phone calls for the team are included above. Also included are 6 copies of the final report. Additional copies will be made available to the City at cost. Fees for Additional Services: Charges for additional services would be based on prevailing hourly rates. Rates would be increased each year based on Consumer Price Index inflation in the prior year. 1999 rates are as follows: Architectural Project Mm~ager $90.00 President $175.00 Principal Consultants $158.00 Senior Consultants $137.00 Consultants $116.00 4. ADDITIONAL TERMS R. J. Heisenborde Architects, PA reserves the right to re-negotiate fees if there are meaningful increases 1o the scope of work as requested by the City of Aventura. Such alterations would be made at the time that an additional scope of work is requested. In phases where De-Scoping exercises are undertaken, reductions in scope wilI not reduce the contracted fee, unless agreed. 5. SCHEDULE If the project extends more than three months beyond the established schedule in m~y phase, through no fault of RJHA, RJHA will have the right to request additional service fees for that phase. If the project is put on hold by the CITY through no fault of RJIIA for more thm~ three months during any phase, ILJHA will have the right to request additional service fees for an agreed upon re-start period. 6. BILLING iLIttA wilI issue monthly invoices at the end of each month for each phase of the project, such amounts to be based on the percent complete the work for that phase. 7. PAYMENT The Client shall approve these invoices or advise in writing within fifteen days of receipt of invoice as to reason for non-approval. The Client shall pay the invoices in full within a period of thirty days by check sent by mail to R. J. Heisenbuttle Architects, PA, 340 Minorea Avenue, Suite 10, Coral Gables, FL 33134, or any other address as may be advised in writing from time to time. Invoices are fully due and payable when received. Interest shall be charged at a rate of 1V2% per month on amount outstanding for more than 30 days. In the event that full payment of invoices is not received within 60 days, RJHA reserves the right to cease providing services. 8. COPYRIGHT AND CREDIT RJHA and its consultants shall retain copyright on theatre designs that we create. RJHA and its consultants shall also be credited as theatre design consultant on any promotional material associated with the Project and on any signage at the construction site, should the project go forward beyond Phase 2, in accordance with the Phase 2 design. 9. PERIOD OF VALIDITY The terms described in this proposal must be accepted within 90 days from the date of issue. If this agreement is acceptable, please acknowledge your acceptance of the terms and conditions by signing below. Please return a signed copy to R. J. Heisenbottle Architects, PA. 10. WORK PRODUCT All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from RJHA providing services hereunder shall be the property of RJHA, subject to CITY's right of use under the Agreement. Upon request, CI'IY shall receive a copy of said documents. Upon termination of this Agreement, or upon request of the CITY during the term of this Agreement, the originals of any and all such documents shall be delivered to the CITY by RJHA upon payment for the pertinent portion of services under this Agreement RJHA shall have no liability for any use by the CITY of said documents, without the continued involvement of RJHA. 11. INSURANCE a. RJHA shall indemnify, defend and save harmless CITY from any claim, demand or damage arising out of RJHA's performance or out of RJHA's activities under this Agreement. b. RJHA shall at all times carry professional liability insurance, workers' compensation insurance, comprehensive general liability insurance and automotive liability insurance with minimum policy limits for each coverage in the amount of Tl~ree Hundred Thousand Dollars ($300,000.00) per occurrence, single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage shall be as provided by chapter 440, Fla, Stat. The CITY shall be named as an additional insured on all of the above insurance policies, to the extent permitted by law. Each insurance policy shall state that it is not su'2iect to cancellation or reduction in coverage without written notice to the CITY 30 days prior to the effective date of cancellation or reduction of coverage. 12. ASSIGNMENT This Agreement shall not be assignable by either pa~Xy. 13. PROHIBITION AGAINST CONTINGENT FEES RJHA warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for RJHA, to solicit or secure this Agreement, and that it has not paid or agreed to pay any persons(s), compm~y, corporation, individual or firm, other than a bona fide employee working solely for RJHA, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. PREPARED AND OFFERED BY: R. J, HEISENBOTTLE ARCHITECTS, PA "I~ICHARD J. HEISENBOT~LE, AIA President Date AGREED AND ACCEPTED BY: Signature Eric M. Soroka City Manager City of Aventura, Florida Date