CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

November 5, 2018
CONSENT AGENDA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works

APPROVED BY: Chip Rerig, City Administrator

Resolution No. 2018-116, Awarding a Construction Contract to Musson Theatrics, Inc.

for Repairs to the Sunset Center Stage Rigging System and Appropriating Supplement
SUBJECT:
Funding from the Measure D Fund Balance.

RECOMMENDATION:
Adopt Resolution 2018-116, awarding a construction contract to Musson Theatrics, Inc. for required and
recommended repairs to the Sunset Center stage rigging system for a not-to-exceed fee, including a 15%
contingency, of $57,075 and appropriating supplemental funding of $7,075 from the Measure D fund balance.

BACKGROUND/SUMMARY:
Theatrical rigging is a system of blocks, pulleys, counterweights, rope lines, and related devices that enable a stage
crew to quickly, quietly, and safely hoist and move theatrical components such as curtains, lights, scenery, and stage
effects. Systems are designed to fly components both in clear view of the audience and out of view into the large
opening above the stage. Systems must meet CAL-OSHA safety standards, and if properly maintained, have a typical
life span of 40 years.

In January 2016, Musson Theatrical, Inc., of Santa Clara, performed an inspection of their proprietary rigging
system at the stage of Sunset Theater. The subsequent inspection report identified parts of the rigging system
that required prompt repairs or replacements, and other items which were recommended to be repaired within a
few years (which City and Sunset Center staff recommend be incorporated into this contract at this time). The
inspection report also suggested services on other components which are currently in acceptable condition, but
could be modified to extend the service life or improve operations. However, because of the high costs, the staff
team suggests to forego these additional suggested services, and proceed with the required and recommended
services.

During preparation of the Fiscal Year 2018/19 Capital Improvement Plan budget earlier this year, discussions
with Sunset Center representatives lead to the conclusion that repairing the rigging system was a higher priority
safety issue as compared to the previously-requested front door awning and hand rail repair, and unspent funds
were transferred accordingly. In June 2018, Council adopted the Capital Improvement Plan for FY 2018/19
which allocated $50,000 of Measure D funds for this rigging project.
Since Musson is an exclusive installer of the proprietary rigging system, open and competitive bidding was not
applicable to this project. Specifically, the City's Purchasing Policy, Section 3.12.140, Bidding Procedures -
Dispensation When, Item C states, "When the supply, material, or equipment can be obtained from only one
vendor or supplier." However, the base fee of $49,629 was negotiated, and the contractor agreed to enter into
the City's new construction contract form.

Upon execution of the contract and issuance of the Notice to Proceed, the work must be scheduled in between
concerts and events at Sunset Center, of which one window for work must be at least eight consecutive days. An
additional six intermittent days may also be necessary. Since the windows of repair work are so short, an
additional contingency allowance of 15% should be allocated for this unique project to ensure that no shows or
events need to be cancelled.
FISCAL IMPACT:
As noted above, the construction base fee is $49,629, and a 15% contingency is $7,446. The FY 2018/19 Capital
Improvement Plan programmed $50,000 of Measure D funding for the Sunset Center Stage Rigging Project in
account SC-18-19-01. Additional funding of $7,075 to cover the 15% contingency would come from the Measure D
fund balance.

Expenditure Cost Funding Source Amount

Construction Contract $49,629 FY 2018/19 CIP $50,000
Measure D Fund
15% Contingency $7,446 Balance $7,075
Totals $57,075 $57,075

PRIOR CITY COUNCIL ACTION:

In June 2018, the City Council adopted the FY 2018/19 Capital Improvement Plan which included the Sunset Center
Stage Rigging Project in the amount of $50,000 using Measure D funds.

ATTACHMENTS:

Attachment #1 - Reso;lution no. 2018-116

Attachment #2 - Contractor Scope of Work and Quote
 CITY OF CARMEL-BY-THE-SEA Attachment 1
CITY COUNCIL

RESOLUTION NO. 2018-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AWARDING A

CONSTRUCTION CONTRACT TO MUSSON THEATRICAL, INC. FOR REPAIRS TO THE RIGGING SYSTEM
AT SUNSET CENTER FOR A NOT-TO-EXCEED FEE, INCLUDING CONTINGENCY, OF $57,075

WHEREAS, in January 2016, Musson Theatrical, Inc., of Santa Clara, performed an inspection of their
proprietary rigging system at the stage of Sunset Theater and prepared an inspection report which identified
parts of the rigging system that required repairs or replacements, and other items which were recommended to
be repaired within a few years which was incorporated into the contract; and

WHEREAS, in June 2018, the Carmel-by-the-Sea City Council adopted the Fiscal Year 2018/19 Capital
Improvement Plan Budget which included $50,000 to repair the theatrical rigging system at Sunset Center; and

WHEREAS, this project is exempt from open and competitive bidder per the Carmel Municipal Code,
Section 3.12.140, Bidding Procedures – Dispensation When, Item C, “When the supply, material, or equipment
can be obtained from only one vendor or supplier;” and

WHEREAS, the base fee was negotiated with Musson at $49,629, and the contractor agreed to enter
into the City's new construction contract form; and

WHEREAS, to ensure there will be no delays once construction begins, a 15 percent contingency of
$7,446 is prudent for unforeseen conditions, and this amount should be appropriated from the Measure D fund
balance.

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

Awards a construction contract to Musson Theatrical, Inc. for required and recommended repairs to the
rigging system at Sunset Center for a not-to-exceed fee, including a 15% contingency, of $57,075, and
appropriates supplemental funding from the Measure D fund balance of $7,075.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this
5th day of November 2018, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

SIGNED: ATTEST:

_______________________ _________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
 Attachment 2

m ss~
THEATRICAL ~
890 Walsh Avenue, Santo Claro, CA 95050
800~THEATER • Fox 408~986-9552 • www.rnusson.com
drimerman@musson.com

SUNSET CENTER
REVISED RIGGING MODIFICATION PROPOSAL
The following quotation is based on the Client's request for set repairs, based upon, a modified
PACKAGE 1 & 2: REQUIRED & RECOMMENDED SERVICE from the rigging inspection performed
on 1-13-16.

The scope of work includes:

Re trim purchase lines.
Install missing Head block clip, or secure the block to the structure
Trim or adjust loft block base angles to eliminate cable abrasion at sets 3, 10 & 16, and
check t-bar splice at set #3.

At 3 shell sets:
Replace three 8" cast loft blocks at center lift lines with 8" steel loft blocks.
Change mule pulleys from cast units to steel units.
Replace lift lines and termination hardware.
Reset maintenance lights on power assist units.
Configure soft limits on set OS-3.
Eliminate off stage lift lines and blocks on shell sets to reduce system friction and improve
load distribution across the rectangular batten.
Re level and re balance sets for best uniform load distribution.

At fire curtain

Perform tire and curtain drop test prior and train house staff prior to repair work

TOTAL PACKAGE PRICE I NCLUDING APPLICABLE TAX: $49,629.00

NOTES:
- Price stated is for specified work only.
- Please allow 10-14 full days for all modifications.
-Shell work require 8 consecutive days.
- Bonding is included in the project
-Pricing includes costs of an lA crew to perform the work.
-Standard insurance coverage is induded

DEllVERY ARO: 7-8 weeks F.O.B: Destination

PRICING GOOD: 30 days TERMS: NET 30 W/PO

··? )/;::;
~~~
David Rimerman/ on behalf of
September 26. 2018
Date
Musson Theatrical, Inc. Quote #092:1759r.1
Lie. #554811
Musson Theatrical Inc. is a state licensed stage equipment contractor