HomeMy WebLinkAboutA6132 - AMENDMENT NO, 6 WITH MICHAEL FONTANA AND ASSOCIATES FOR ON-CALL FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
AGREEMENT No. 6132
ON-CALL FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES
THIS AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGRE MENT
(A6132), ("Amendment No. 6") is made and entered into, to be effective this _&Jday of
mu , 2020, by and between the CITY OF PALM SPRINGS, a California charter city
and mun cipal corporation, (hereinafter referred to as "City") and Michael Fontana and
Associates, (hereinafter referred to as "Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the
"Parties."
- - -. - - -- J - - -RECITALS__
A. City has determined that there is a need for As-Needed, "On-Call" Facility
Construction Owner Representative Services for a variety of future construction .projects,
including the Public Improvements constructed as part of the Downtown Revitalization Project,
(hereinafter the "Project").
B. On February 12, 2014, the City Manager approved a Professional Services
Agreement (A6132) with Consultant to provide As-Needed, "On-Call" Facility Construction
Owner Representative Services, with a.maximum term of five (5) years, and an initial maximum
compensation.not to exceed $25,000.
C. On October 1, 2014,the City Council approved Amendment'No. 1 to Professional
Services Agreement (A6132) with Consultant to accommodate additional Task Orders and
increasing the maximum compensation not to exceed $75,000.
D. On October 21, 2015,the City Council approved Amendment No. 2 to Professional
Services Agreement (A6132) with Consultant to accommodate additional Task Orders and
increasing the maximum compensation not to exceed $125,000.
E. On March 15, 2017, the-City Council approved Amendment No. 3 to Professional
Services Agreement (A6132) with Consultant to accommodate additional Task Orders and
--increasing the maximum compensation not to exceed-$175;000.
F. On November 14, 2018, the City Council approved Amendment No. 4 to
Professional Services Agreement (A6132) with Consultant to accommodate additional Task
Orders and increasing the maximum compensation not to exceed $200,000.
G. On December 19, 2019, the City Council approved Amendment No. 5 to the
Agreement increasing the budget by $10,000 for Owner's Representative Services associated
with the Downtown Revitalization Project and Downtown Park.
' H. It is necessary'to'authorize approval of'additional Task Orders and increase the
maximum compensation of Professional Services Agreement (A6132) with Consultant in the
amount of$15,000 for maximum compensation not to exceed $225,000.
Page 1 of 3
I. City wishes to amend Professional Services Agreement (A6442) to increase the
maximum compensation not to exceed $225,000 pursuant to this Amendment No. 6.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants,
and conditions contained herein, and other.valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:.
AGREEMENT
SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference
herein as material terms relied upon by the Parties in agreeing to and executing this Amendment
SECTION 2. Section 2.1 Maximum Contract Amount is hereby amended as follows:
By approval of this Amendment No. 6, the City Council hereby authorizes the approval of
an Individual Task Order (Purchase Order) in the additional amount of Fifteen Thousand Dollars
($15,000), for a new cumulative maximum amount of Two Hundred Twenty-Five Thousand
Dollars ($225,000), sufficient to cover the cost of required services (pursuant to Schedule "D")
necessary for the completion of the Downtown Revitalization Project and Belardo Parking
structural improvements, subject to the remaining term of the Agreement.
Section 3. Full Force and Effect. All terms, conditions, and provisions of the
Professional Services Agreement (A6132), unless specifically modified herein, shall continue in
full force and effect. In the event of any conflict or inconsistency between the provisions of this
Amendment No. 6 and any provisions of the Professional Services Agreement (A6132), the
provisions of this Amendment No. 6 shall in all respects govern and control.
Section 4. Corporate Authority.
The persons executing this Amendment No. 6 on behalf of the Parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Amendment No. 6 on behalf of said party, (III) by so executing this Amendment No. 6, such
party is formally-bound to tfie-provisions of this Amendment"No. 6; arid-(ivythe`entering into this--
Amendment No. 6 does not violate any provision of any other agreement to which said Party is
bound does not violate any provision of any other Agreement to which the Party for which he or
she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
Page 2 of 3
IN WITNESS WHEREOF, the City and the Consultant have caused this Amendment No. 6 to be
executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
BY w 1 Bye.
nthony J. eji �11�U1���'j David H. Realfr
City Clerk Y City Manager
Date: c( 65 ' o ---- - -- - -Date:o2 J�.✓���
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By�1 i"I/1 -�` Date: ,1 Z0 Agreement No. 6(3 Z
Jeff l5affinger
City Attorney
Date: 2
CONSULTANT
APPROVED By City COUNCIL
Name: Michael Fontana &Associates
Address: Michael Fontana &Associates
70411 Desert Cove
Rancho Mirage, CA 92270
PLEASE SEE NOTARY
- — ATTACHMENT-
IN ___
By:__7 S w By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: I R 1 N C Asa l Title:
ACKNOWLEDGMENT
A notary public or other-officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On,/filtc ?10'1.7 before me, Julio Ramirez, Notary Public
/ .(insert name and title of the officer)
personally appeared ` Gr z
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(S) is/are—
subscribed to the within instrument and acknowledged to me that he/skeHheq�ecuted the same in
his( leir authorized capacity(ies),-and that by his/her/thei signature(s) on the,instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California.that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. Julio RAMIREz
o s COMM. il2316144 z
s; ro Notary Public California A
z �' Riverside County °
M Comm..Ex fires Jan,2,2024
Signature (Seal)