Unmet Forest Theater Renovation Benchmarks

ABSTRACT: As early as December 2008, City Administrator Rich Guillen communicated that the Forest Theatre renovation goal was to complete the Schematic Design in three months, commence construction by April 2009 and complete renovation by May 2010, the 100th anniversary of the Forest Theater. Yet, a comparison of ANTICIPATED TIMELINE, INCLUDING BENCHMARKS, FOR THE FOREST THEATRE RENOVATION vs. ACTUAL TIMELINE, INCLUDING BENCHMARKS AND CHECKS, FOR FOREST THEATRE RENOVATION indicate the City has failed to meet its own benchmark dates. While there was a report on the Schematic Design of the Forest Theater renovation project at the July 2009 City Council Meeting and a decision by Council to direct staff to work with Bill Camille on a cost breakdown and subsequent contract with William Camille for a “preliminary review of our findings with the city, a final report, and presentation to the City Council,” Camille only completed an oral preliminary review with City Administrator Rich Guillen, Mayor Sue McCloud and Councilwoman Karen Sharp in October 2009 and has not completed a final report or been scheduled to present his recommendations to the public at a City Council Meeting, according to William Camille. Checks from the City’s Check Registers indicate that $13,305.00 (not to exceed $15,000) was expended for William Camille’s contract services and $64,426.86 (not to exceed $131,000) was ostensibly expended for Richard McCann’s Forest Theater Schematic Design. COMMENTS, including one comment in the form of a question, are made.

ANTICIPATED TIMELINE, INCLUDING BENCHMARKS, FOR THE FOREST THEATRE RENOVATION:
• December 2, 2008 – March 2, 2009: Three (3) months for completion of R. F. McCann’s Schematic Design

• April 2009: Commencement of renovation construction by April 2009

• May 2010: Completion of Forest Theater renovation by May 2010, the 100th anniversary of the Forest Theater.

ACTUAL TIMELINE, INCLUDING BENCHMARKS AND CHECKS, FOR FOREST THEATRE RENOVATION:
• September 24, 2008: Letter from R.F. McCANN & COMPANY ARCHITECTS to City outlined “work scope and fee requirements for schematic design of recommended alteration and improvements to the Forest Theatre as presented in our pre-design analysis and based on City feedback in your letter sent July 7, 2008;” included Total Base Fee for Schematic Design of $131,000 and estimated time duration to complete schematic design of three (3) months.

• December 2, 2008: At the City Council Meeting, the City Council unanimously adopted a Resolution “entering into an agreement with RFM Architects for architectural services in an amount of $131,000.”

The Staff Report, prepared by City Administrator Rich Guillen, stated, as follows: “The estimated time to complete the schematic design is three months. RFM recognizes the urgency of moving the project along quickly so that the renovation can be completed by the 2010 season (or the 100th anniversary of the Forest Theater).” And “the goal of completing the renovation by May 2010, the project must commence post haste so construction can be under way by April 2009.”

AGREEMENT FOR CONSULTING SERVICES, (CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY” and RFM Architects hereinafter referred to as "CONSULTANT"), included, as follows:

2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with this agreement an amount not to exceed One hundred thirty-one thousand dollars ($131,000) including expenses for FY 2008/2009 during the duration of the contract which runs for 90 days.

5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks associated with the Renovation of the Forest Theater for the City during Fiscal Year 2008/2009.

• January 20, 2009: 117184 1/20/09 R.F. MCCANN & COMPANY ARCHITECTS $ 5,000.00 01 89429 FOREST THEATER MASTER PLAN DESIGN WORK

• June 16, 2009: 118096 6/16/09 R.F. MCCANN & COMPANY ARCHITECTS $ 33,226.86 01 89429 FOREST THEATER MASTER PLAN PROJECT DESIGN SERVICES

• July 7, 2009: At the City Council Meeting, the City Council received a report from the City Administrator that the Schematic Design of the Forest Theater renovation project was nearly completed, except for a field survey of the trees and manufacturing information to determine whether the audience benches should be built on-site or fabricated off-site.

Overall Cost:
City Funds:
Performance Related Accommodations = $ 2,104,071
Audience Related Accommodations = $ 936,395
Site Infrastructure Related Accommodations = $ 319,248

Important Considerations: RFM is prepared to continue as the renovation project architect. If they should remain the project architect, a contract must be approved by the City Council for design development.

The City Council directed staff to work with Bill Camille on a cost breakdown and report back at the next Council meeting.

• July 30, 2009: Letter from William J. Camille, Project Management Consultant, to City regarding Forest Theater Renovation Construction Phasing and Cost Planning Proposal based on a previous meeting with City Administrator Rich Guillen, Mayor Sue McCloud and Councilwoman Karen Sharp. Letter states, as follows:

“Our proposal anticipates a preliminary review of our findings with the city, a final report, and presentation to the City Council. We propose to perform the above referenced services on a time expended basis not to exceed a total of $15,000...It is our intent to complete the phrasing recommendations and cost estimates by the end of August.”

• September 1, 2009: At the City Council Meeting, the City Council unanimously adopted a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000.

The Description of the Agenda Item Summary, prepared by City Administrator Rich Guillen, states, as follows:

Description: Richard McCann has completed the Schematic Design for the Forest Theater Renovation Project. Submitted with the Schematic Design was a phasing scheme including cost estimates that focused more on functionality as they relate to the user groups and the audience. The McCann estimates were exclusively for construction work and did not include soft costs and non-construction costs.
At the request of staff, William Camille submitted a bid to review the proposed Forest Theater Renovation from a project management perspective. Mr. Camille has extensive experience in managing construction projects. His recommendation is to retain Mack5 to help analyze the project construction phasing costs. Their combined review will provide the City with a project scope that emphasizes compliance with the Americans with Disabilities Act (ADA) and construction of new restroom facilities.

• October 6, 2009: 118806 10/6/09 MACK5 $ 8,805.00 01 89429 REVIEW OF FOREST THEATER RENOVATION PLANS

• October 27, 2009: 118926 10/27/09 WILLIAM J. CAMILLE $4,500.00 01 89429 CONSULTING FOR FOREST THEATER MASTER PLAN PROJ

• December 15, 2009: 119289 12/15/2009 R.F. MCCANN & COMPANY ARCHITEC $26,200.00 FOREST THEATER MASTER PLAN

COMMENTS:
•The City has yet to present William Camille's construction phasing and cost planning services final report on Richard McCann's Schematic Design and presentation to the public at a public hearing.

• Stephanie Pierce, a former 34 year city employee who retired in 2008, recently wrote in a Letter to the Editor (CARMEL LACKS INTEGRITY, The Monterey County Herald, January 7, 2010) that she “observed the mayor pursue pet projects.” Question: Has the Forest Theatre renovation become Mayor Sue McCloud’s most recent “pet project” characterized by a lack of adequate public consultation and communication at every juncture of the process?

ADDENDUM OF CHECKS/COMPENSATION REGARDING FOREST THEATER RENOVATION:
117184 1/20/09 R.F. MCCANN & COMPANY ARCHITECTS $ 5,000.00 01 89429 FOREST THEATER MASTER PLAN DESIGN WORK

118096 6/16/09 R.F. MCCANN & COMPANY ARCHITECTS $ 33,226.86 01 89429 FOREST THEATER MASTER PLAN PROJECT DESIGN SERVICES

118806 10/6/09 MACK5 $ 8,805.00 01 89429 REVIEW OF FOREST THEATER RENOVATION PLANS

118926 10/27/09 WILLIAM J. CAMILLE $ 4,500.00 01 89429 CONSULTING FOR FOREST THEATER MASTER PLAN PROJ

119289 12/15/2009 R.F. MCCANN & COMPANY ARCHITEC $26,200.00 FOREST THEATER MASTER PLAN
(Sources: January 2009 Check Register, June 2009 Check Register, October 2009 Check Register , December 2009 Check Register)

NOTE: William Camille’s contract, including MACK5 services, was to be completed in one month, not to exceed $15,000. Richard McCann’s contract for the Schematic Design was to be completed in three months, not to exceed $131,000.

SOURCES:
X. RESOLUTIONS
A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.

CITY OF CARMEL-BY-THE-SEA
City Council Agenda Packet
Regular Meeting
Tuesday, December 2, 2008
4:30 p.m., Open Session

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
December 2, 2008

XI. ORDERS OF COUNCIL
A. Receive a report and provide policy direction on the schematic design of the Forest Theater renovation project.

AGENDA Packet
Regular Meeting
Tuesday, July 7, 2009
4:30 p.m., Open Session

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
July 7, 2009

VII. CONSENT CALENDAR
E. Consideration of a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000.

AMENDED
AGENDA Packet
Regular Meeting
Tuesday, September 1, 2009

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 1, 2009