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Cq<IfORe`P City Council Staff Report
Date: March 15, 2017 UNFINISHED BUSINESS
Subject: APPROVAL OF AMENDMENT NO. 3 IN THE AMOUNT OF $50,000 TO
PROFESSIONAL SERVICES AGREEMENT NO. A6132 WITH MICHAEL
FONTANA AND ASSOCIATES FOR ON-CALL FACILITY
CONSTRUCTION OWNER REPRESENTATIVE SERVICES
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
Approval of Amendment No. 3 to Agreement No. 6132 allows the City to retain the
services of Michael Fontana and Associates as the Owner's Representative on behalf of
the City associated with the Downtown Revitalization Project and Downtown Palm
Springs Park Project, with an additional budget of $50,000.
RECOMMENDATION:
1) Approve Amendment No. 3 to Agreement No. 6132 increasing the contract amount
by $50,000, for a total not to exceed $175,000, with Michael Fontana and Associates
for On-Call Facility Construction Owner Representative Services; and
2) Authorize the City Manager to execute all necessary documents.
BACKGROUND:
On February 12, 2014, the City Manager approved a Professional Services Agreement
with Michael Fontana and Associates (Agreement No. A6132) for a maximum of
$25,000 to provide on-call Owner's Representative services for the Downtown
Revitalization Project. Pursuant to this Agreement, Michael Fontana acts on behalf of
the City Manager as the City's "Owner's Representative' in various meetings with the
developer, contractors and engineers associated with the Downtown Revitalization
Project, providing expertise in construction management, cost estimating, budgeting,
and project scheduling in a manner which seeks to advocate for the City's interests.
Additionally, Mr. Fontana reviews expenditures from the "public escrow" account
associated with the project to ensure compliance with the City's partnership Agreement
with the developer.
rMM NO.
City Council Staff Report
March 15, 2017 - Page 2
Approval of Amendment#3 to Agreement No. A6132
The nature of the Agreement is for on-call, as-needed services, so the amount of the
Agreement was unspecified because the number and type of capital projects requiring
the Consultant's services throughout the duration of the term of the Agreement was
unknown. The initial budget under the Agreement was established with the
understanding that additional funding would need to be added once the Downtown
Revitalization Project was fully underway.
On October 1, 2014, the City Council approved Amendment #1 to the Agreement
increasing the budget by $50,000 for Owner's Representative Services associated with
the Downtown Revitalization Project.
On October 21, 2015, the City Council approved Amendment #2 to the Agreement
increasing the budget by $50,000 for Owner's Representative Services associated with
the Downtown Revitalization Project.
Staff has prepared Amendment #3 that authorizes $50,000 additional budget for these
services for the core activity of constructing the public improvements and preparing the
infrastructure for the Downtown Palm Springs Park. The new maximum contract total is
$175,000.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a 'Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a `Project' means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. According to Section 15378(b), a Project does not include: (5)
Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
FISCAL IMPACT:
Sufficient funds are available in the Measure J Capital Fund, Account No. 260-4500-
59464 for Amendment No. 3 in the amount of$50,000.
SUBMITTED
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq., P .
Assistant City Manager/City Engineer City Manager
Attachments:
1. Amendment No. 3
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ATTACHMENT 1
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AMENDMENT NO. 3
TO AGREEMENT NO. A6132
ON-CALL FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES
THIS THIRD AMENDMENT TO Agreement No. 6132 for consulting services, (herein
"Amendment") made and entered into on the_ day of 2017, by and between
CITY OF PALM SPRINGS, a California charter City and municipal corporation, (herein "City'),
and Michael Fontana and Associates, (herein "Consultant"), is hereby amended as follows:
RECITALS
WHEREAS, City and Consultant entered into that certain Professional Services Agreement No.
A6132 ("Agreement"), as dully amended from time to time, for "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"); and
WHEREAS, the parties wish to amend the Agreement to extend the services to be provided by
Consultant pursuant to the Agreement.
AGREEMENT
In consideration of the promises and covenants contained in this Amendment and other good
and valuable consideration, the City and Consultant agree:
Section 1. The Agreement expressly stated that the maximum contract amount of the
Agreement was undefined, and was subject to the number and type of capital projects requiring
the Consultant's services throughout the duration of the term of the Agreement, if any.
Consultant's compensation was to be limited to the amount identified on each separate,
individually authorized Task Order corresponding to a project requiring the services of the
Consultant. The Project is currently under active construction, and the City has concurrently
proceeded on the design development of the Downtown Palm Springs Park (City Project No.
15-07), requiring the Consultant's additional services.
Section 2. By approval of this Amendment, the City Council hereby authorizes the approval of
an Individual Task Order (Purchase Order) in the additional amount of Fifty Thousand Dollars
($50,000), for a new cumulative maximum amount of One Hundred Seventy Five Thousand
Dollars ($175,000), sufficient to cover the cost of required services (pursuant to Schedule "D")
necessary for the completion of the Downtown Revitalization Project, subject to the remaining
term of the Agreement.
Section 3. Full force and effect: Except as otherwise previously modified herein, all other
provisions of the Agreement shall remain in full force and effect.
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Agreement No. 6132
Amendment No. 3
Page 2
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the
date first written above.
CITY OF PALM SPRINGS,
a California charter city and municipal
ATTEST: corporation
By: By:
Kathleen D. Hart David Ready
Interim City Clerk City Manager
APPROVED AS TO FORM:
By:
Douglas Holland
City Attorney
MICHAEL FONTANA AND ASSOCIATES
By:
Printed Name/Title
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