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HomeMy WebLinkAbout5/6/2009 - STAFF REPORTS - 2.E. P A LM S., iy V n N e C'�``F°R`'�P„ CITY COUNCIL STAFF REPORT DATE: May 6, 2009 SUBJECT: ONE YEAR EXTENSION TO OWNERS REPRESENTATIVE PROFESSIONAL SERVICES CONTRACT, AGREEMENT NO. 5488, INCLUDING A 10% ROLLBACK IN FEES. FROM: David H. Ready, City Manager BY: City Manager SUMMARY This action would extend the Owners Representative professional services contract for a year, roll back compensation rates 10%, and add/adjust project assignments for the coming year. RECOMMENDATION: 1. Approve Amendment No. 5 to Owner Representative Professional Services Agreement No. 5488. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS- The Owner Representative, a consultant that represents the City with its contractors on construction projects, is about to complete the second year of an agreement which allows up to three (3) more year long options. At the current time the Owners Representative is finishing up a large Airport Project and is in the design phase of the Animal Shelter Project, the Jackie Lee Houston Plaza Project and the Welwood/JC Frey Projects. Most of this work will extend well into the next fiscal year and staff recommends that the City continue to utilize the services of Allen F. Smoot & Associates for another year. In recognition of the current state of the economy and the City budget challenges the consultant has offered to roll-back the rates he charges by 10%. Rates would return to the current levels 30 days following the abandonment of the current employee furlough program. That would result in rates as follows: ITEM NO. Z ' . City Council Staff Report May 6,2009 Owner Representative Contract Extension Current Proposed Flat Monthly Rate $15,982-06 $14,383.00 Hourly Rate $136.11 $122.50 Note: The flat monthly rate only applies for multi million dollar large projects. All the work contemplated during the next year will be compensated at the hourly rate- Project assignments for the next year are proposed as follows: Animal Shelter Preconstruction Authorize an additional 185 hours Jackie Lee Houston Plaza Preconstruction Authorize an additional 135 hours Jackie Lee Houston Plaza Construction Authorize 340 hours Welwood/JC Frey Preconstruction Authorize 165 hours The total hours proposed above add up to 825- If all of those hours were expended during the year the cost saving to the City based on the rolled-back rates vs the current rates would be $11,222. The attached Amendment No. 5 to Agreement No.5488 incorporates the above enumerated changes and is offered for City Council consideration. FISCAL IMPACT: Funds are currently budgeted in each of the above itemized projects to cover the cost of the Owner Representative services proposed under this contract extension. David H. Ready na r Attachment 1. Amendment No. 5 AMENDMENT NO. 5 TO AGREEMENT NO. 5488 OWNER REPRESENTATIVE SERVICES THIS FIFTH AMENDMENT TO Agreement No. 5488 for consulting services, (herein "Amendment") made and entered into on the _day of , 2009, by and between the CITY OF PALM SPRINGS (herein "City") and ALLEN F. SMOOT & ASSOCIATES (herein "Consultant") is hereby amended effective May 1, 2009, as follows: RECITALS WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. 5488 for Owner Representative Services (Agreement'), as duly amended from time to time; and WHEREAS, the original agreement approval action on June 6, 2007 by the City Council authorized the City Manager to take actions to extend the Agreement term for up to four (4) additional one (1) year terms with fee adjustments based an CPI; and WHEREAS, the parties wish to amend the Agreement to extend it for a twelve month period, make project assignments for the coming year and roll back compensation by 10%; and NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Term is hereby amended to reflect an extension of the term for the period of July 1, 2009 through June 30, 2010. Section 2. Exhibit `_B" Schedule of Compensation and Work Assignments is hereby amended to roll back the compensation rates 10% and add/adjust assignments as follows: Compensation Rates, irregardless of CPI change in the last twelve months, shall be adjusted as of July 1, 2009 to reflect the following roll back: Current New Flat Monthly Rate From $15,982.05 To $14,383/Month Hourly Rate From $136.11 To $122.50/Hour 3 The above "New" rates shall revert to the "Current" rates 30 days following the abandonment of the City of Palm Springs employee furlough program that was effective May 2009. Project assignments are hereby added/adjusted, as of May 1, 2009, and the City Manager may approve Purchase Orders, utilizing the above rates, to reflect the following: Protect Title /Description: Manhours: Animal Shelter Preconstruction Authorize an additional 185 hours Jackie Lee Houston Plaza Preconstruction Authorize an additional 135 hours Jackie Lee Houston Plaza Construction Authorize 340 hours Welwood/J.C. Frey Preconstruction Authorize 165 hours Section 3, Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. ATTEST: CITY OF PALM SPRINGS a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: Check One: , Individual Partnership _ Corporation By: Signature Name: Title: 2 �_