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14 Main Street Architects for a conditions assessment on the Grand TheatreCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 4/9/08 Historic Preservation Lisa A. Wright, Director of Council Date: Commission Community Development/Historic 14 4/28/08 Preservation Officer RECOMMENDED MOTION: Move to approve a resolution authorizing a contract with Main Street Architects for a conditions assessment on The Grand Theatre to determine the structural integrity of the front facade, the restoration accuracy of any proposed renovations thereto, and the development of a phasing plan to ensure continuation of a complete future restoration project for the entire building, and authorizing the City Manager to negotiate and execute all necessary documents. _ POLICY ISSUE(S~: Contract BACKGROUND: The Downtown Merchants Association has been actively seeking to raise funds to restore the exterior of The Grand Theatre in order to improve the appearance of the gateway to the downtown from the east. As part of this process, on January 28, 2008, the Historic Preservation Commission recommended that it seek proposals and provide the funding to undertake a study on the exterior of the building to ensure that the front facade is stable enough to withstand any renovations, that the work performed is historically accurate, and that none of the work performed will have to be undone later when a complete restoration of the building occurs. The Director of Community Development contacted two architectural firms who have experience with historic restoration projects and recommended to the Historic Preservation Commission that they accept the proposal of Main Street Architects. On April 9, 2008, the Commission reviewed the proposal and recommended to the City Council the approval of a contract with Main Street Architects for a conditions assessment on The Grand Theatre to determine the structural integrity of the front facade, the restoration accuracy of any proposed renovations thereto, and the development of a phasing plan to ensure continuation of a complete future restoration project for the entire building. BOARD~COMMISSION RECOMMENDATION: Historic Preservation Commission recommends approval of the contract. EXHIBITS: Resolution, proposed contract; Historic Preservation Commission minutes of April 9, 2008. ACTION: BUDGET INFO: ^ Financial Report ^ Minute Order Expense $4,500.00 ^ Department Report ®Resolution Budgeted Amt. $4,500.00 ^ Presentation ^ Ordinance YTD Actual $0.00 ^ Public Hearing ^ Other Acct. Name Historic Preservation Commission Acct. Number 01-03 51-40-00 City of Paris ~ ~ ~ ~ ~' Revised 2/04/08 FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ®City Clerk ®Community Development ^ EMS/IT ^ Finance ^ Fite ^ Municipal Court ®Legal ^ Library ^ Police ^ Eng./Public Works ^ Utilities City of Paris 11 ~ Revised 2/04/08 DRAFT Attorney/reswork/current/Grand Theatre Contract Res 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PARIS AND MAINSTREET ARCHITECTS, INC. FOR A CONDITIONS ASSESSMENT ON THE GRAND THEATRE IN PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Downtown Merchants Association has been actively seeking to raise funds to restore the exterior of the Grant Theatre in order to improve the appearance of the gateway to the downtown from the east; and, WHEREAS, on January 28, 2008, the Historic Preservation Commission recommended that it seek proposals and provide the funding to undertake a study on the exterior of the building to ensure that the front facade is stable enough to withstand any renovations, that the work performed is historically accurate, and that none of the work performed will have to be undone later when a complete restoration of the building occurs; and, WHEREAS, on April 9, 2008, the Historic Preservation Commission reviewed the proposal from Main Street Architects and has recommended to the City Council the approval of a contract with Main Street Architects for a conditions assessment on The Grand Theatre to determine the structural integrity of the front facade, the restoration accuracy of any proposed renovations thereto, and the development of a phasing plan to ensure continuation of a complete future restoration project for the entire building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That a Professional Services Agreement by and between the City of Paris and Mainstreet Architects, Inc., for a conditions assessment on The Grand Theatre in Paris, Texas, in the form attached hereto as Exhibit A and for all purposes incorporated herein, shall be and is hereby in all things approved, and the City Manager is hereby authorized to execute said agreement. Section 3. That this resolution shall be effective from and after its date of passage. ~~~~ PASSED AND APPROVED this 28th day of April, 2008. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Jesse James Freelen, Mayor ~~~ MAINSTREET ARCHITECTS INC. 21 March 2008 Lisa Wright Director of Community Development City of Paris 150 Southeast First Street Paris, Texas 75460 RE: Grand Theater City of Paris, Texas Dear Ms Wright: It is great enthusiasm that I submit this proposal for professional services for the Grand Theater of Paris, Texas. The rehabilitation of this prominent facade will enhance the historic downtown and can serve to be a catalyst for future redevelopment in the area. To that end, Mainstreet Architects (hereinafter the "Firm") proposes to prepare a Conditions Assessment for the facade of the Grand as outlined below. SCOPE OF WORK Mainstreet Architects proposes to conduct a Conditions Assessment and Restoration/Rehabilitation Design plan for budget and bidding. The Scope of Work as we understand it is to study the facade of the Grand Theater with the following in mind: o Structural integrity - is the facade stable and capable of continuing to support the signage o Restoration accuracy - to what period and appearance should it be restored o Plan for phasing -the front facade restoration must be accomplished so it serves at the first in a series of phases for the entire building without threat of reversal. Mainstreet Architects will evaluate the facade for current condition and noted deterioration, previous repairs and modifications. Mainstreet Architects proposes to photograph the facade and key each photograph to an elevation line drawing for clarity and accuracy. Additionally, a descriptive checklist and text will accompany each photograph. The investigation will be conducted from the exterior ground level using a telephoto lens and binoculars as well as access from the interior of the theater. The use of ladders will be limited. Some probing will be necessary to verify the condition of materials. EXHIBIT ,g, 0~~ Page 2 Grand Theater 21 March 2008 DELIVERABLES Mainstreet Architects will prepare and deliver the following: o Elevation line drawing to which each photograph will be keyed o Photographs of various aspects of the facade keyed to elevations o A check list will be created for each window, frame, sash, shutter, screen, transom, door and vent to confirm o Written evaluation of each area studied and areas of concern o Final Report of Findings o In addition to hard copy of deliverables, digital files of photographs, findings and report will be provided PROPOSED TIMELINE Mainstreet Architects proposes to begin work within three weeks of Notice to Proceed and submit a draft report for review in four-week time period. The final report will follow at a specified date after the review of the draft report. FEE PROPOSAL Mainstreet Architects shall perform all services and produce all deliverables called for by this Agreement for a total fee of $4,500.00. This fee shall not be amended or increased without prior written authorization from an authorized representative of the City of Paris, Texas. Additional Services authorized in writing by an authorized representative of the City of Paris will be billed at our current billing rate as follows: Principal Architect $150.00 Project Designer $ 60.00 Intern $ 35.00 TERMS AND CONDITIONS Termination: Either party may terminate this agreement with ten days written notice. In the event of termination, Mainstreet Architects Inc. is to be paid for services to date of termination including all reimbursable expenses and termination expenses. All photographs, drawings, renderings, reports or other tangible documents shall be delivered to the City of Paris upon termination of the Agreement. Dispute Resolution: Any claims or disputes made during design, construction or post-construction between the Client and Firm shall be submitted to non-binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub- ~~j~~:~ Page 3 Grand Theater 21 March 2008 consultants, suppliers and fabricators, thereby providing for mediation as a first step toward claim or dispute resolution between all parties. Provided, however, nothing herein shall be interpreted or construed as an absolute bar to filing a lawsuit, in the even mediation is unsuccessful. Indemnification: The Firm expressly agrees to defend, indemnify and hold the City of Paris, Texas and its officers, agents and employees harmless from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, penalties, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the Firm's performance of the services under this Agreement and/or caused by the negligence, errors, omissions or intentional wrongful acts of the Firm or the Firm's owners, officers, employees or agents. Insurance: Prior to the issuance of the Notice to Proceed, the Firm shall present the City of Paris with a properly executed and valid Certificate of Insurance which shows that the Firm has obtained no less than $1,000,000.00 of Commercial General Liability Coverage and Automobile Liability insurance and $1,000,000.00 of Professional Liability Insurance protecting the City of Paris, its officers, officials and employees against any errors, omissions, negligence or wrongful acts committed by the Firm, its owners, officers and/or employees in their performance of the Services called for in this Agreement. Certifications, Guarantees or Warranties: The Firm shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of the Firm, increase their contractual or legal obligations or risks, or the availability or cost of their professional or general liability insurance, or to certify, guarantee or warrant the existence of conditions whose existence the Firm cannot ascertain. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the fee collected. Such causes include, but are not limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 0+?y`. Page 4 Grand Theater 21 March 2008 AGREEMENT If these arrangements meet with your approval, indicate by signing below and return one signed copy to us along with an initial payment of two thousand dollars ($2,000.00). Payment made to the Architect upon execution of this contract and credited to the Owner's account at final payment. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. If you have any questions regarding our services or this proposal, please contact us for clarification or changes. Sincerely, Mainstreet Architects Inc. Sue ~~ ~eur~tca~ Sue Ann Pemberton, AIA Accepted By: Date: The Texas Board of Architectural Examiners, PO Box 12337, Austin, TX 78701-3942, (512) 305-9000, has jurisdiction over individuals licensed under the Architects Registration Law, Texas Civil Statutes, Article 249a. ~~~F MINUTES REGULAR MEETING CITY OF PARIS HISTORIC PRESERVATION COMMISSION MONDAY, APRIL 9, 2008 12:00 O'CLOCK P.M. The Historic Preservation Commission meeting was called to order by Arvin Starrett, Chairman. A. The following members were present: Arvin Starrett, Chairman Pike Burkhart, Vice-Chairman Ann Rogers Sharron Nabors Susan Scholz Paul Denney Nancy Partridge Jerry Raper, Alternate Ben Vaughan, Alternate B. Also present was Lisa A. Wright, Historic Preservation Officer. 2. Approval of minutes from previous meetings. Motion was made by Susan Scholz, seconded by Nancy Partridge, to approve the minutes of March 24, 2008. Motion carried 9-0. 3. Discussion of and possible action regarding the following structures considered by code inspectors fo be in violation of Article 111 of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled `substandard and Dangerous Buildings and Structures, " to determine whether such structures can be rehabilitated and designated on the National Register of Historic Places, as a recorded Texas Historic Landmark, or as historic properties as designated by the City Council of the City of Paris: 1938 Culbertson 1427 8th Street S.E. 1437 8th Street S.E. 717 8th Street S.E. 964 E. Polk 743 E. Polk ,r, ~~~P 429 E. Washington 646 E. Polk 345 7th Street S.E. 520 E. Sherman 512 5th Street S.E. 645 3rd Street S.E. 426 E. Grove The Chairman requested that item D be pulled to get interior photos or other shots to find out if there is anything going on structurally. Motion was made by Paul Denney, seconded by Susan Scholz to set aside item D as historic and bring back at a later date. Motion carried 9-0. Motion was made by Susan Scholz, seconded by Nancy Partridge, to send all structures except item D to the Building and Standards Commission for demolition since they cannot be rehabilitated nor do they have significant historical value. Motion carried 9-0. 4. Consideration of and action on recommending to the City Council the approval of a contract with Main Street Architects for a condition assessment on The Grand Theater to determine the structural integrity of the front facade, the restoration accuracy of any proposed renovations thereto, and the development of a phasing plan to ensure continuation of a complete future restoration project for the entire building. Motion was made by Susan Scholz, second by Paul Burkhart, to approve recommendation of the contract to the City Council. Motion carried 6-2, Paul Denney abstained. 5. Review of and possible action on revisions to the proposed Design Standards for the Historic Districts of the City of Paris, Texas. Arvin Starrett stated this will require more time and work than can be done at noon. He proposed a committee to go through the guidelines again and bring them back to Commission for final approval. He appointed as Committee members Ben Vaughan, Paul Denney, Ann Rogers, Barbara Wilson, Bethany Golden, and Lisa Wright. Motion was made by Susan Scholz, seconded by Pike Burkhart, to go through the guidelines and make final recommendations to bring back to the Commission. Motion carried 9-0. 6. Request items for future agendas. There were none. 7. Meeting adjourned at 12:07 p.m. ~~'~~, APPROVED THIS 8TH OF MAY, 2008. ARVIN STARRETT, CHAIRMAN n.~