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HomeMy WebLinkAbout05488 - ALLEN F SMOOT & ASSOCIATES FACILITY CONSTRUCTION OWNERS REPRESENTATIVE AWE SHWAAW9AIN 1288 Real III=108 V\ Palo Sprla t Calllerala 92292 0801321-M �C aemeetfrerizea.aet \� May 10, 2012 Mr.David Ready City Manager P.O. Box 2743 Palm Springs, Ca 92293 Re: Professional Services Agreement A5488,Mutual Cancellation Dear Mr. Ready: As per our recent discussions this letter shall serve as notice of our mutual cancellation of my current Professional Services Agreement A5488, with the City The cancellation shall take effect at S:OOpm local time May 10,2012. It has been a pleasure to provide services to the City under this ag�eement and I look forward to possible opportunities of working together in the future. Sincerely, >en *Smoot Allen F. Smoot&Associates I Accepted By. Dated /a David Ready, City M� 'A8310 A113 •_,mac ,WOH1. S3WVt 1S -6 WY SI OWZIOZ tdS WIVd AO n. I 03 A1303I1 AMENDMENT NO. 11 TO AGREEMENT NO. A5488 OWNER REPRESENTATIVE SERVICES THIS ELEVENTH AMENDMENT TO Agreement No. A5488 for consulting services, (herein "Amendment') made and entered into on the day of %V✓ 2012, by and between the CITY OF PALM SPRINGS (herein "City") and ALLEN F. SMOOT & ASSOCIATES (herein "Consultant') is hereby amended effective March 16, 2012, as follows: RECITALS WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. A5488 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 said agreement currently running through June 30, 2012; and WHEREAS, the parties wish to amend the Agreement to extend the Animal Shelter Start-up work assignment from March 16, 2012 to May 31, 2012 for additional startup services related to the Gift Shop, Medical Clinic, Grooming Salon and Dog Ward public access modifications. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Exhibit "B" Schedule of Compensation and Work Assignments is hereby amended to add/adjust assignments as follows: Project assignments are hereby added/adjusted, as of March 16, 2012 and the City Manager may approve Purchase Orders, utilizing the existing contract rates, to reflect the following: Project Title/Description: Manhours: Animal Shelter Post-const. Start-up Authorize additional startup services from March 16, 2012 thru May 31, 2012; 2.5 months. Amend10 to A5488 � Section 2. 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 SPRING a municipal corporation Ci Clerk B tY e8j//6�Zo/2 City Manage APPROVED AS TO FORM: APPROVED BY CITY COUNCIL ,�,��r� City Attorney �'� �7 2� Ah�oo CONTRACTOR: Check One: _ Individual _ Partnership _ Corporation ALLEN F. S�MOOT & ASSOCIATES By: n(Signatum) Title: Amend10 to A5488 2 AMENDMENT NO. 10 TO AGREEMENT NO. A5488 OWNER REPRESENTATIVE SERVICES THIS TENTH AMENDMENT TO Agreement No. A54_ao for consulting services, (herein "Amendment") made and entered into on the Z cfay �011, by and between the CITY OF PALM SPRINGS (herein "City") and ALLEN F. SMOOT & ASSOCIATES (herein "Consultant') is hereby amended effective December 1, 2011, as follows: RECITALS WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. A5488 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 said agreement currently running through June 30, 2012; and WHEREAS, the parties wish to amend the Agreement to extend the Animal Shelter work assignment from December 1, 2011 to March 15, 2012 for additional startup services. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Exhibit "B" Schedule of Compensation and Work Assignments is hereby amended to amend compensation rates, and add/adjust assignments as follows: Compensation Rates, a flat fee rate is hereby added for start-up work at the Animal Shelter Site as follows: Start-up Services Flat Monthly Rate $8,000/Month Project assignments are hereby added/adjusted, as of December 1, 2011, and the City Manager may approve Purchase Orders, utilizing the above rates, to reflect the following: Project Title/Description: Manhours/Fee: Animal Shelter Post-const. Start-up Authorize From Dec. 1, 2011 thru March 15, 2012 @ $8,000 per month (2 wks off In Jan. 2012) ORIGINAL BID Amend10 to A5488 1 AND/OR AGREEMENT Section 2. 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 SPRING a municipal corporati B ?WnAeCi,tyClerk 1 Z L3 Zd 1 1 City Maria APP AS TO F APPROVED BY CITY COUNCIL City Attorney CONTRACTOR: Check One: t Individual — Partnership _Corporation ALLEN F. SMOOT &ASSOCIATES By: Q (Signature) Title: Amend10 to A5488 2 AMENDMENT NO. 9 TO AGREEMENT NO. A5488 OWNER REPRESENTATIVE SERVICES THIS NINTH AMENDMENT TO Agreement No. A5488 for c nsulting services, (herein "Amendment") made and entered into on the � day of VV)L , 2011, by and between the CITY OF PALM SPRINGS (herein "City") and ALLEN F. SMOOT & ASSOCIATES (herein "Consultant') is hereby amended effective May 31, 2011, as follows: RECITALS WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. A5488 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 on CPI; and WHEREAS, the parties wish to amend the Agreement to extend it for the fourth and final twelve month period, make project assignments for the coming year and maintain the current rolled back of compensation plus waive any CPI adjustment that may be due this year; 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 July 1, 2011 through June 30, 2012. Section 2. Exhibit "B" Schedule of Compensation and Work Assignments is hereby amended to maintain the current rolled back compensation rates, and add/adjust assignments as follows: Compensation Rates, irregardless of CPI change in the last thirty six months, shall remain at the current rolled back rates as follows" Rolled-Back Rates Flat Monthly Rate $14,000/Month Hourly Rate $122.50/Hour Project assignments are hereby added/adjusted, as of May 31, 2011, and the City Manager may approve Purchase Orders, utilizing the above rates, to reflect the following: ORI17,INA!. BID Amend 9 to A5488 1 ARL)i,:k riGREEMEN T Proiect Title/Description: Manhours/Fee: Animal Shelter Post-construction Authorize an additional 150 hours/$18,375 Welwood Library— Pre-construction Authorize an additional 250 hours/$30,625 *Note: Actual compensation received for the above work items will be based upon hours worked. Section 3. The parties agree that Consultant shall not be available for work, during the period of August 8, 2011 thru August 12, 2011. Any Flat Fees due during this period shall be rolled forward to the end of the normal flat fee period. Section 4. 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 SPRING a municipal corporation Y. City Clerk a�/66/Zo/i APPROVEDBYCIiYCOUW�IC Manage /APPROVED AS TO FORM: Pn0 1104� DAM City Attctoypnbq APPROVED BY CITY MANAGER CONTRACTOR: Check One: _✓ Individual — Partnership _Corporation ALLEN F. SMOOT &ASSOCIATES By: iY6ture) Title: _ No� Amend 9 to A5488 2 AMENDMENT NO. 8 TO AGREEMENT NO. A5488 OWNER REPRESENTATIVE-SERVICES THIS EIGHTH AMENDMENT TO Agreement No. A5488 for consulting services, (herein "Amendment") made and entered into on the �day of �(t , 2010, by and between the CITY OF PALM SPRINGS (herein "City") and ALLEN F. SMOOT & ASSOCIATES (herein "Consultant") is hereby amended effective March 1, 2010, as follows: RECITALS WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. A5488 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 on CPI; and WHEREAS, the parties wish to amend the Agreement to extend it for the third twelve month period, make project assignments for the coming year and maintain the rolled back of compensation by 10%; and WHEREAS, in recognition of the funding shortfall for the Animal Shelter Project Consultant has offered to rollback the Flat Monthly Fee he would receive if the Shelter Project were to proceed by an additional 2.5%; 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 July 1, 2010 through June 30, 2011. Section 2. Exhibit "B" Schedule of Compensation and Work Assignments is hereby amended to maintain the rolled back compensation rates at 10% below 2008 rates, further reduce the flat rate fees for the Animal Shelter Project and add/adjust assignments as follows: Compensation Rates, irregardless of CPI change in the last twenty four months, shall be adjusted as of March 1, 2010 to reflect the following continued/expanded rollback: 2008 Rates Proposed Rates Flat Monthly Rate From $15,982-05 To $14,383/Month (For other than Animal Shelter Projects) Flat Monthly Rate (Animal Shelter) From $15,982.05 To $14,000/Month Hourly Rate From $136.11 To $122.50/Hour Amend 8 to A5488 1 �, w Project assignments are hereby added/adjusted, as of March 1, 2010, and the City Manager may approve Purchase Orders, utilizing the above rates, to reflect the following: Project Title/Description: Manhours/Time Period: Animal Shelter Pre-construction Authorize an additional 100 hours Animal Shelter Construction* Authorize up to 15 months flat fee Welwood Library* Authorize an additional 360 hours "These allocations may only be utilized if the City Council awards construction contracts for the particular projects. Section 3. The parties agree that Consultant shall not be available for work, other than via internet contact, during the period of September 2, 2010 thru September 23, 2010. Said absence shall not result in a reduction in flat fee monthly fees due consultant. Section A. 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 SPRING a municipal corporation f B �cr/ City Clerk City Manager APP OVED T R a APPOVED BY CITY COUIi CIL iA.1, xhwiey CONTRACTOR: Check One: — individual — Partnership Corporation ALLEN . SMOOT &ASSOCIATES By: Signature) Title ���.s(d, Amend 8 to A5488 2 AMENDMENT NO. 7 TO AGREEMENT NO. 5488 OWNER REPRESENTATIVE SERVICES THIS SEVENTH AMENDMENT TO Agreement No. 5488 for consulting services, herein "Amendment') made and entered into on the T_day of rw r 0\0 2969 by and between the CITY OF PALM SPRINGS (herein "City") nd ALLEN F. SMOOT & ASSOCIATES (herein "Consultant') is hereby amended effective December 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 parties wish to amend the Agreement to adjust Animal Shelter Project hours, add the JC Frey building refurbishing and the Main Library as a new projects; and NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1: Project Assignments Project assignments are hereby added/adjusted, as of December 1, 2009, and the City Manager may approve Purchase Orders, utilizing contracted rates, to reflect the following: Prolect Title /Description Manhours Cost Animal Shelter (Pre-construction) 80 $9,800 JC Frey Refurbishing (Coordination) 192 $23,520 Main Library Refurbishing 200 $24,500 Total This Amendment 472 $57,820 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 City Clerk 5��d5�xolc� City Manal7er—� A PROVED AS TO FORM: Q X1PROVEC BY C9Ty COUPlCiL A y CONTRACTOR: Check One: ✓ Individual Partnership Corporation By: ignature Name: _��IE�. S Ma Title: cN 2 AMENDMENT NO, 6 TO AGREEMENT NO. 5488 OWNER REPRESENTATIVE SERVICES THIS SIXTH AMENDMENT TO Agreement No. 5488 for consultiervices, (her in "`Amendment") made and entered into on the ng s day of t�v , 2009, by and between the CITY OF PALM SPRINGS (herein "City") a d ALLEN F. SMOOT & ASSOCIATES (herein "Consultant") is hereby amended effective June 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 parties wish to amend the Agreement to adjust Airport Project hours; and NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1: Project Assignments Project assignments are hereby added/adjusted, as of June 1, 2009, and the City Manager may approve Purchase Orders, utilizing contracted rates, to reflect the following: Project Title /Descri tion Manhours Cost Improve/Modify/Rehab Terminal Complex 32 $4,205.81• Airport Concession Build-out (HOST) 160 19,600,00 Airport Advertising Build-out 80 9,800_.00 Total 272 $33,605.81 'Note: Reflects 21 hours in June at $133.11 rate and 11 hours in July at the new lower rate of$122.50. 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. I'S Ko'hti�:u' -7,7 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 - gy; aw.u—�� By: .�� City Clerk City Ma APP VED AS TO FORM: APPROVED BV CfTY COUNCIL By: C' y Attcneyd CONTRACTO : Check One: Individual Partnership _ Corporation By: ignatur Name: '4— c5►Y`flo r Title: CNODV 2 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 dday of Uh , 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 on 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 1 .µ�l.� �II i1� ✓l'. s Lt u4.�`.i .� 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: Project 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 City Clerk ofp11-11 Z0oCF City Man PPROVE S 1 FORM: APPROVED By CITY COUNCIL By: &Zqi�- 1� r ity Attorneyf V5 ` CONTRACTOR: Check One: X Individual Partnership _ Corporation By: Signature Name: R\<<-v. F- $ni onT -�,- prSsoc. Title: 2 AMENDMENT NO, 4 TO AGREEMENT NO. 5488 OWNER REPRESENTATIVE SERVICES THIS FOURTH AMENDMENT TO Agreement No. 5488 for consultinq services, erein "Amendment') made and entered into on the M day of 2009, by and between the CITY OF PALM SPRINGS (herein "City") 9nd ALLEN F. SMOOT & ASSOCIATES (herein "Consultant") is hereby amended effective March 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 parties wish to amend the Agreement to extend the time and fees allocated to complete the Improve/Modify/Rehab Terminal Complex Project . NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Exhibit "B" Schedule of Compensation and Work Assignments is hereby amended to extend an assignment as follows: Project Title /Description: Improve/Modify/Rehab Terminal Complex Project 1. 2 month extension from 3/16/09 thru 5/15/09 2. Up to 80 hours to oversee Fabric Canopy Installation for any work performed after sixty (60) days following the filing of the Notice of Completion for the remainder of the project. Proiect Fees 1. 2 month extension Fees: Flat Monthly Rate - $15,982.05 x 2 = $31,964.10 2. Fabric Canopy Installation: Up to 80 hrs x $136.11 = $ 10,888.80 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. ..a ._ . . 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 ' City Clerk City Manage APPROVE�}�A TO FORM: APPROVED BY CITY COUNCIL By: City Attorney CONTRACTOR: Check One: Individual Partnership Corporation By: Signature Name: Cave. F- jovc.,c-v Title: C 9c�air 2 AMENDMENT NO. 3 TO AGREEMENT NO, 5488 OWNER REPRESENTATIVE SERVICES THIS THIRD AMENDMENT TO Agreement No. 5488 for consulting services, (herein "Amendment") made and entered into on the day of TAO.kA -1 2008, by and between the CITY OF PALM SPRINGS (herein "City") a d ALLEN F. SMOOT & ASSOCIATES (herein "Consultant') is hereby amended effective May 1, 2008, 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; and WHEREAS, the parties wish to amend the Agreement to extend it for a twelve month period and assign a new project NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Section 2. Term is hereby amended to reflect an extension of the term for the period of July 1, 2008 through June 30, 2009. The parties acknowledge and agree that Consultant will be unavailable for work during the period of November 23, 2008 through December 22, 2008. Section 2. Exhibit "B" Schedule of Compensation and Work Assignments is hereby amended to add an assignment as follows: Project Title /Description: Improve/Modify/Rehab Terminal Complex Project 9.5 Months (5/1/08 — 11/22/08 and 12/23/08 — 03115/09) Flat Monthly Rate - $15,500 x 9.5 = $147,250.00 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 '5V City Clerk City Manag PPROV TO FORM: APPROVED By CITY COUNCIL By: 5•1-D& City�Attorney CONTRACTOR: Check One: Individual — Partnership _ Corporation By: OW �� Signature Name: Title fir, �.'p otTo x�he 6 es� �'stt.ou�xati®� Ct manaage¢. 2 AMENDMENT NO. 2 AGREEMENT NO. 5488 — OWNER REPRESENTATIVE SERVICES THIS SECOND AMENDMENT to Agreement No. 5488 for consulting services, (herein "Amendment") made and entered into on the 20 day of r�'oPv. P a , 2008, by and between the CITY OF PALM SPRINGS (herein "City") and ALLEN F. SMOOT & ASSOCIATES (herein "Consultant") is hereby amended effective 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 parties wish to amend the Agreement to increase work assignments. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Exhibit "A° is hereby amended by increasing the number of hours allocated to the Airport Improve/Modify/Rehab Terminal Complex Project pre-construction services from 350 hours to 550 hours and increasing the maximum fee from $46,200 to $72,600. Section 2. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. t Page 2 Amendment No.2 To Agreement No 5488 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written -above. ATTEST: CITY OF PALM SPRING - _ a munlclpal cwporah City Cler ,5.3lfo ZCDE) City Manegigir PPROVE S FORM: APPROVED BY CITY COUNCIL By: r iJ ivI/�t��.f�v� p.p City Att riey CONTRACTOR: Check one- Individual _Partnership_Corporation Corporations require two notarized signatures: One from each of the following. A. Chairman of Board, President, or any Vice F side t:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer. By. By' 'Signature(no anzed) Signature(notarized) Name N "'mil. H _ '�^oeT Name Title: ©UtD Title. State RoF^^ *^ ........�, •��• • •• State of County of County of On before me, On before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on basis of satisfactory evidence to be the person(s)whose name(s) evidence to be the person(s)whose name(s) is/are subscribed to the within Instrument is/are subscribed to the within instrument and acknowledged to me that he/shelthey and acknowledged to me that he/she/they executed the same in his/her/their authorized executed the same in his/her/their authorized capacity(ies),and that by his/her/their capaclty(ies),and that by his/her/their signature(s)on the instrument the person(s), signatures(s)on the instrument the person(s) or the entity upon behalf of which the or the entity upon behalf of which the person(s)acted,executed the instrument. person(s)acted,executed the Instrument. 1 certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY under the laws of the State of California that under the laws of the State of California that the foregoing paragraph is true and correct. the foregoing paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature Notary Seal: Notary Seal: 2 AMENDMENT NO. 1 AGREEMENT NO. A5488 — OWNER REPRESENTATIVE SERVICES THIS FIRST AMENDMENT to Agreement No. 5488 for consulting services, (herein "Amendment") made and entered into on the Aday of nP.CQsm\W _, 2007, by and between the CITY OF PALM SPRINGS (herein "City") and ALLEN F. SMOOT & ASSOCIATES (herein "Consultant') is hereby amended effective 7roo"j , 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 parties wish to amend the Agreement to add work assignments. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Exhibit "B" is hereby amended to read as follows: EXHIBIT "B" SCHEDULE OF COMPENSATION AND WORK ASSIGNMENTS Consultant shall be compensated monthly based on the following: Monthly Rate Schedule: On all construction projects that are assigned to consultant for owner representative services Consultant shall be paid a flat rate of$15,500 commencing on the date that the City Council awards the construction contract for the specific project and shall continue sixty (60) days following the recording of the Notice of Completion for the project. Hourly Rate Schedule: For pre-construction services Consultant shall be paid an hourly rate of $132 per hour for all work performed at the request of the City. Work Assignments: The following project work assignments shall be carried out by the Consultant: Project Title/Description Not to Exceed Account No. 1. Animal Shelter/Pre-construction $46,200 Bond Proceeds 2. Triangle Parcel/Pre-construction 13,200 Project Spec. Acct. 3. Driving Range/Pre-construction 10,660 Project Spec. Acct. 4. Convention Center Parking 13,200 Project Spec. Acct. Pre-construction O 'tii:h o '- �ir��d�G' Amendment No, 1 To Agreement No. A5488 Pro ect Title/Description Not to Exceed Fee Account No- 5. Miscellaneous Downtown Projects 15,840 Project Spec. Acct. 6. Miscellaneous Special Projects 26,400 Project Spec. Acct. TOTAL $125,400 Rate Adjustment: For both of the above rates, they shall be adjusted on each one year anniversary of this Agreement based on the previous years CPI. Section 2. 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 the Amendment as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation City Clerk City Manager APPROVED O FORM: APPROVED BY CITY CGLiJCl1 By:4Ciy CONSU TANT: By: Allen F. Smoot & Associates Name: 'A�T" a C Title: 4CC) Page 2 of 2 CONSULTING SERVICES AG tEEMENT FACILITY CONSTRUCTION OWNERS REPRESENTATIVE THIS AGREEMENT is made and entered into to be effective this 1st day of June 2007, between the City of Palm Springs, (hereinafter "City") and Allen P. Smoot & Associates (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to retain Consultant to provide certain expertise in representing owners during construction projects as more particularly set forth in the scope of work attached hereto as Exhibit A_ WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, TIiEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Scone of Work The scope of work to be performed by Consultant shall consist of those tasks set forth in the attached.Exhibit A, which is incorporated herein by reference. Consultant shall carry out the tasks outlined in Exhibit A according to his own means and methods and is subject to City control only as to the end product or final result of the work Section 2. Term This Agreement shall remain in full force and effect from June 1, 2007 through June 30, 2008. Section 3. Compensation 531S70 1 i'11h�ii'Jd'i31' F: .v1wu�T 3.1 Rate Schedule For services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the"Schedule of Compensation"attached hereto as Exhibit'B"and incorporated herein by this reference. Although Consultant will perform the majority of his work at the City as that is where the actual construction is occurring,he will also maintain an off-site office for purposes of working on City and other non-City related projects. Further, nothing in this Agreement shall preclude Consultant from seeking or carrying out additional work on non-city projects for other clients. 3.2 Method of Payment Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. 3.3 Records of Expenses Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. 3.4 Benefits Consultant shall not be entitled to receive any other benefits of employment provided to City's regular employees,including,but not limited to,group health or medical benefits, life insurance, and vacation and other leave accruals. 3.5 Deductions Consultant shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to Consultant's performance of services and receipt of compensation under this Agreement. Because Consultant is an independent contractor, City shall not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain worker's compensation insurance on Consultant's behalf. Consultant shall comply with,and agrees to accept exclusive liability for non-compliance with, all applicable state and federal laws, rules and regulations,including, without limitation, obligations such as payment of all taxes,social security, disability and other contributions based on compensation received by Consultant under this Agreement. Consultant hereby agrees to indemnify,hold harmless and defend City against any and all such liability, taxes or contributions, including, without limitation, penalties and interest. Section 4. Independent Contractor 531870.1 The City regards Consultant's services as unique and specialized. It is agreed that Consultant shall act and be an independent contractor and not an employee of the City. The parties acknowledge that Consultant is neither covered by nor subject to the Memoranda of Understanding between the City and its employees or City employment policies. Section 5. Limitations Upon Subcontracting and Assignment The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement fox City to enter into this Agreement. Consultant shall not sub-contract with any other entity to perform the services required under this agreement. Section 6. Insurance Requirements 6.1 Commencement of Work.Consultant shall not commence work under this Agreement until he has obtained all insurance required and this insurance has been approved by City.All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the City of any material change, cancellation,or termination at least thirty(30) days in advance. 6.2 Workers'Compensation Insurance.Consultant shall maintain Workers Compensation Insurance in the amount and type required by state law. 6.3 Insurance Amounts.Consultant shall maintain the following insurance for the duration of this Agreement: (a) Comprehensive general liability in an amount of$500,000.00 per occurrence. Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A-, Class VII or better. (b) Automobile liability in an amount of $500,000.00 per occurrence. Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A-, Class VIT or better. (c) Professional liability in an amount of $500,000.00 per occurrence. Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A-, Class VIT or better. Endorsements for the policies under section 6.3(a) & (b) shall designate City as an additional insured. Consultant shall provide to City proof of such additional insured coverage in the form of both certificates of insurance and endorsement forms. Section 7. Indemnification 531870 1 The Consultant agrees to indemnify the City, its officers, agents and employees against, and will hold and save them harmless from, any and all actions, suit, claims, damages to persons or property,losses,costs,penalties,obligations,errors,omissions,or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Consultant, its agents, employees, subcontractor, or invitees, provided herein, or arising from the negligent acts or omissions of Consultant hereunder,or arising from Consultants negligent performance of or failure to perform any term,provision, covenant or condition of this Agreement. City will cause each contractor, their subcontractors and any consultants engaged to provide services for any project for which the Consultant is engaged, to indemnify and hold Consultant harmless from any claims,losses,expenses and damages(including attorney's fees and costs)that may arise from said contractor, subcontractor or consultant activities on the project. Section S. Non-Liability of City Council Members No City Council member shall be personally liable to Consultant in the event of any default or breach by the City, and/or the City, or for any amount, which may become due to Consultant. Consultant's billed time shall be an obligation of the City to the extent permitted by law. Section 9. Compliance with Law Consultant shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties, which are the subject of this Agreement. Section 10. Licenses, Permits, Fees and Assessments Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law fox performance of the services required by this agreement Section 11. Termination This Agreement maybe terminated without cause by City by giving 30 days advance written notice of termination to the Consultant. In the event of termination without cause,Consultant shall be paid on a pro-rata basis for work completed to date. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement,City may take over the work and prosecute the same to completion by contract or otherwise,and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated,provided the City shall use reasonable efforts to mitigate damages. Section 12. Notice 531970 1 All notices shall be personally delivered or mailed to the below listed addresses,or to such other addresses as may be designated by written notice. These addresses shall be for delivery of service of process: To City: David ff. heady City Manager PO Box 2743 Palm Springs, California 92263 To Consultant: Allen F- Smoot Allen F. Smoot& Associates 1288 Buena Vista Palm Springs, CA 92262 Section 13. Entire A Bement This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTI ST: CITY OF es Thompson David H. Rea y 1ty Clerk City Manager CONSULTANT By. Allen F. Smo'l t APPROVED S TO FORM: / APPROVED BY CITY COUNCIL By: ( °l��P:�a�i� 5�� � Ci Attorney - 531870.1 EXHIBIT A SCOPE OF SERVICES Consultant shall perform the following Owner Representative services for City: 1. Provide bi-weekly written report, for infonnational purposes, to City on the status of the project(s). 2. Advise City in the selection of project consultants, i.e. soils, testing, surveying and special inspections. 3. Coordinate the work of the design team. 4. Coordinate the project bidding process with City Procurement & Contracting. 5. Coordinate the project impacts with adjacent neighbors. 6. Coordinate the flow of information between the consultants, design team and the City. T Conduct regular meetings with the design team, consultants, contractors and City. 8. Regularly review progress and schedule and for informational purposes,provide a report to City. 9. Regularly review project budget and for informational purposes,provide a report to City. 10. Make daily visits to the construction site to review progress and handle onsite coordination concerns. Review all changes (Change Orders) to the project scope, schedule and budget. 11. Review all pay requests and make recommendations to City. 12. Review all lien releases. 13. For federally funded projects complete and submit the weekly progress report; Federal Form 5370-1. 14. Continually work to build a mutually supportive team effort. 531870.1 EXHIBIT "B" SCHEDULE OF COMPENSATION Consultant shall be compensated monthly based on the following: Monthly Rate Schedule: On all construction projects that are assigned to consultant for owner representative services Consultant shall be paid a flat monthly rate of$15,500 commencing on the date that the City Council awards the construction contract for the specific project and shall continue for sixty(60) days following the recording of the Notice of Completion for the project. Hourly Rate Schedule: For pre-construction services the Consultant shall be paid an hourly rate of$132 per hour for all wont performed at the request of City. Rate Adjustment: For both of the above rates, they shall be adjusted on each one year anniversary of this Agreement based on the previous years CPI. 531370,1 AMINE ANOPT&ISSO M �enfiA9 c�ls`�cb'ae Prniect`Oimeis 1298 Buena Vista Drive Palm Springs.California 92262 (7601327-5142 asmoot@aerizon.net Transmittal Letter May 21, 2007 Mr. Craig L. Gladders, C.P.M. Procurement& Contracting Manager City of Palm Springs Procurement & Contracting Division 3200 E. Tahquitz Canyon Way Palm Springs, California 92262-2743 Re- Statement of Qualifications 10-07 for Facility Construction Owner Representative Services for the City of Palm Springs. Dear Mr. Gladders and Members of the Selection Committee: Allen F. Smoot & Associates is pleased to present for your consideration our Statement of Qualifications to provide Facility Construction Owner Representative Services to the City of Palm Springs and the Palm Springs International Airport. Allen F. Smoot & Associates is a local Palm Springs firm whose principal has more than thirty years experience in providing owner representative services for municipal and airport construction projects. Allen F. Smoot & Associates maintains its offices in the City of Palm Springs. The proposed Project Manager for this assignment is Allen Smoot, A.A.E. Mr. Smoot is a thirty year veteran of providing owner representative services for construction projects in a desert environment; from Parking Structures to Convention Centers to Airport Terminals. As Project Manager, Mr. Smoot will be directly involved on a day to day basis with all projects assigned. His dedication, knowledge of Palm Springs procurement t " and financial procedures, and commitment to responsiveness to the client are an excellent match for the needs of the City, Mr- Smoot's awareness of all of the City's construction related procedures will eliminate any need for start-up/learning curve time. His local, ,A' "i one man shop, will not result in the City paying exorbitant overhead costs which usually come with the larger firms in the field. M Page 2—Transmittal Letter Allen F. Smoot & Associates is particularly experienced and qualified to provide the services requested. The local and specialized experience of our firm will assure an exceptional level of service, expertise anal availability for any project assignment. We-are prepared to work on a part-time or full-time basis, which ever the client and assignment requires. We very much desire to provide these services and are fully prepared to proceed with work immediately. Thank you for the opportunity to submit this Statement of Qualifications. Sincerely, Allen F. Smoot& Associates k len F. oot, .A.E. Principal �4 k� f r SJ�tr^n Hy , n nV ALLEN F. SMOOT & ASSOCIATES RESPONSE TO REQUEST FOR STATEMENTS OF QUALIFICATIONS NO, 10-07 FOR FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES City of Palm Springs, California Procurement& Contracting Division The format of this response shall correspond directly to the numbering sequence identified in the Request For Statements of Qualifications. A. Transmittal Letter: .Please see previous page B. Firm Name and Particulars: Allen F. Smoot &Associates 1288 Buena Vista Dr, Palm Springs, California 92262 (760) 327-5142 asmootC&vcrion.net Sole Proprietor C. Assigned Staff: Allen F. Smoot, A.A.E. Principal Project Manager (Resume Attached as Exhibit A.) D. Other related qualifications: D.1. FAA Experience: The Project Manager has worked directly with the offices of the FAA on numerous grant projects for the Palm Springs International Airport. The Project Manager is very knowledgeable of FAA Rules and Regulations and grant administration procedures. The Project Manager is an Accredited Airport Executive and obtained those credentials only after demonstrating a thorough knowledge of FAA Rules and Regulations. 1 • ! D.2 Budget Compliance: Major construction projects that have been administered by the Project Manager include the Palm Springs Downtown Parking Structure, the Palm Springs Convention Center Expansion, and the Bono Concourse at the Palm Springs International Airport. These multi-million dollar desert projects were all completed on-time and within the established budgets. D.3 D.B.E. Participation: The firm as a sole proprietor is not a D.B.E entity in itself. If in the course of any assignment there arose a need for sub-consultant work, Allen F. Smoot & Associates would certainly make every effort to include D.B.E. firms in any solicitation and subsequent contract. DA. Management Tools: Management tools that Allen F. Smoot & Associates utilizes fall under the headings of Financial and Scheduling. First and foremost an accurate preliminary budget that includes costs for all aspects of the work from design, to testing, to blueprinting, must be developed. A copy of a Budget Status Report and Contract Status Report from the Palm Springs Convention Center Project is attached as Exhibit B to this submittal. Without a complete listing of all potential costs the owner will not have an accurate picture of what to expect or from whom to expect it_ To often only a partial picture is portrayed to the decision makers and then cost over-runs that are not planned for occur. Another critical financial tool is the Potential Change Order Log (PCO Log). The PCO Log is utilized during the construction phase of the project to keep track of every little item that could possibly come up as a Change Order from the contractor or a Credit for the owner. With this tool the management team is able to track the total potential liability that could be out there so there are no surprises at the end of the job that results in a "busted" budget_ In the area of scheduling the tools necessary for a successful project are the contractors overall schedule and a three week look-abead schedule. It is essential that each month the contractor update the overall schedule so that the management team can be apprised of progress towards completion within the allotted time. Each week the contractor should provide a three week look- ahead schedule wl-dch provides the management team with a more detailed look at what will soon be occurring on the job so that if there is management coordination needed that it may occur in a timely fashion. r. ..I 2 A.5. Skills & Abilities on a Specific Project: A specific project carried out by the Project Manager of Allen F. Smoot & Associates, in a desert environment, is the Palm Springs Convention Center Phase II Expansion. (a) Responsiveness and attentiveness to client needs: The Convention Center Project, from the design phase, had a fixed completion date as the City had already sold out the expanded facility to a major convention. The Project Manager, besides all the normal coordination duties that occur also had to keep a constant vigilance and be the "traffic cop" with all project team members; never was the team allowed the luxury of thinking they had extra time. Despite all the challenges that one faces on a construction project, this particular project actually finished two days before the fixed date and was under budget. (b) Creative Ability: The Convention Centex was doubling in size and was affected on all three of its sides that are accessible by the public and the building was to stay fully operational throughout construction. The Project Manager utilized his previous experience of seismically upgrading the Palm Springs International Airport Terminal while it remained in operation, to assist in the development of a very precise set of phasing documents. At one time both ends of the exhibit ball were actually exposed to the outside and yet conventions were able to continue, (c) Knowledge & Understanding of Latest Construction Trends: One of the latest construction trends in the public sector is the advent of Construction Management/Multiple Primes vs the General Contractor approach to carrying out a project. The Project Manager was instrurnental in the municipality malting the decision to pursue the Construction Management/Multiple Prime approach when contracting for this project. This approach saved the City between 10% and 15% of its overall project budget. Careful coordination by the Project Manager with the Construction Manager insured that the development of Multiple Prime bid documents were completed in a timely fashion, while meeting the City Procurement requirements and with little impact on the City staff time. (d) Analytic Ability: The Convention Center Project was funded with Bond proceeds and Transient Occupancy Tax dollars. The Project Manager developed a detailed constriction budget that allowed for the careful tracking of all expenditures on the project. Because of the detail there was never a question of whether a particular item should be reimbursed against the bond proceeds or be paid directly from tax funds. The Project Manager was also a part of the municipal team that "sold" the project to the underwriters and insurance agencies so that it might be funded through the sale of bonds. (e) Oral & Written Communications: The Project Manager prepared all written council reports for the Convention Center Project. He was also the public spokesperson for the project and made numerous presentations to Planning Commission, City Council and civic groups. Even in the most difficult of times during the projects construction the Project Manager was (( able to keep a positive face on the project- 3 (f) Interaction with Clients Organization: The Project Manager was the point of contact between the Convention Center Construction Management Team and the City Staff. Close coordination with Procurement& Contracting was required throughout the bid period. Bill payment through the City Finance Department was crucial when dealing with over 38 prime trades on the project. The Building, Engineering and Planning departments were all heavily involved in the success of the project and each required a different level of coordination, by the Project Manager. Any contact with the numerous City departments and officials was coordinated by the Project Manager. (g) Sensitivity to Funding Constraints: One of the primary duties of the Project Manager on the Convention Center Project was the balance of getting the project completed within its fixed period of time and doing it within a fixed budget. The project budget include a 10% contingency which was intended to not only cover contingencies but was also utilized to fund overtime for specific trades to speed up portions of the work. The project contingency was successfully managed to cover all contingencies, help ensure a timely completion, and turn back over$500,000 at the end of the project. E. For the potential projects listed in the SOQ provide additional information: E.1: Key Personnel: For the municipal as well as airport projects listed in the SOQ Document the firm proposes that the work will be performed by Allen Smoot, Principal and Project Manager. He is immediately available to fulfill the needs of the City and will make the projects his primary endeavor. Mr. Smoot is very familiar with all city procurement, finance and development department requirements and will need no start-up time/training to be ready for any work assignment. E.2: How would the Firm manage the projects from start to finish? The firm would develop detailed preliminary budgets for all costs involved in producing a successful project. The firm would work with Procurement & Contracting to search out and employee a design team. The firm would coordinate the efforts of the design team for the city ensuring that proper decision makers were fully informed about the design process as it proceeded. The firm would coordinate the submittals to the city for the various approvals necessary for the project to go to bid. The firm would assist the Procurement and Contracting Division and the Construction Manager during the bidding period. The firm would have a daily presence on the construction site throughout construction and would attend weekly construction meetings to ensure proper coordination was occurring. The firm would provide written reports concerning scheduling an budgeting to city officials. The firm, would review all pay request and Change Order requests and make recommendations to the City for processing of the same. The firm would closely track the Potential Change Order Log on behalf of the City to ensure that proper officials were always apprised of the potential liability that existed. The firm ( l would participate in the final inspection and development of a punch list for 4 the project. The firm would be an active participant in the closeout procedures for the project. Throughout the entire project the firm would provide updates to City officials to ensure that all parties are fully apprised of progress and const. To summarize, the firm will be on the site and in the middle of any challenges as the eyes and ears of the City. A sample Scope of Services to be followed by the firm is attached as Exhibit C. E.3: Potential Problems to Avoid. A common theme that runs through all construction projects is the fact that there is never enough coordination between the interested parties. There is a tendency to make quick decisions which may result in a critical party being left out and a resultant wrong decision being made. To help avoid this issue particularly in the more complicated projects on the airport, the Project Manager will develop a comprehensive list of stakeholders and then will be responsible to see that they are include in review and decision making processes along the way. Stakeholders can not be considered road-blocks, rather they hold the key to a successful project. EA: References: Michael Fontana Michael Fontana & Associates Rancho Mirage, California 760-567-2054 David H. Ready City Manager City of Palm Springs, California 760 323-8201 Mike Winters Fentress Bradburn Architects Denver, Colorado 303-722-5000 Steve Dwiggins Properties Director Skywest Airlines 435-634-3492 E.5: Project Budgeting Example: Of critical importance in the success of any construction project is the development of a detailed budget, To illustrate detailed nature of an overall project budget that would be developed by Allen F. Smoot & Associates for each project assigned by the City, please see Exhibit C attached, the Convention Center Project Budget. 5 EXHIBIT A Page 1 of 2 ALLEN F. SMOOT 1288 Buena Vista Drive Palm Springs, California 92262 (760)327-5142 Cell(760)285-3176 asmoot(cvcrixon.net QUALIFICATION MG.BLIGIITS • Thirty years of municipal government experience including 18 years directing the Palm Springs International Airport. • Experienced public works construction project administrator including over $80 million of improvements to Palm Springs International Airport. • Acted as owner representative on the recently completed $35 million expansion at the Palm Springs Convention Center. • Professional reputation for prudent planning and sound fiscal management. • Enthusiastic and self-motivated team leader/player. • Participative management style with strengths in problem solving and difficult business negotiations. PROFESSIONAL EXPERIENCE Owner's Representative—Construction Administration 2003 -Present Temporary Employee City of Palm Springs • Coordination of all phases of the design and construction process related to the expansion of the Palm Springs Convention Center expansion project. • Coordinate the flow of information between design consultants, construction manager, the contractor and the City. • Regularly review schedules and the budget and provide updates to the city. • Review all pay requests and change order requests on behalf of the City_ Assistant City Manager—Operations and Special Proiects 1999 -2003 City of Palm Springs • Executive management oversight of all operations functions within the city, including Aviation, Public Works, Facilities Maintenance and Wastewater Treatment. • Administered construction contracts for $25 million airport terminal expansion (~ 1 and a$10 million runway extension. • Administered construction of the cities downtown multi-story parking garage. • Coordinated the airport's master planning effort including the necessary environmental studies. • i EXHMIT A. Page 2 of 2 i Director, Department of Transportation 1996— 1999 City of Palm Springs • Executive management oversight of the City transportation functions and facility operations. • Coordinated the Airport Terminal creative financing effort which resulted in the first stand alone Passenger Facility Charge Revenue Bonds. • Brought US Customs and the Foreign Trade Zone to the airport • Coordinated the construction of the City's rail station- Director of Aviation and Energy 1985 - 1996 City of Patin Springs • Directed the revitalization of the Palm Springs Municipal Airport into the Palm Springs International Airport. • Developed the Airport's Passenger Facility Charge program as on of the first in the country. • Sought ought and secured millions of dollars in federal grants for the development of the airport. Director,Building and Safety 1978— 1985 City of Patin Springs • Directed all operations related to Building and Safety for the City. • Aided in the development and administration, of development impact fees. • Administered the design and construction projects for the expansion of City Hall and the constmction of two Cogeneration Plants. • Founding President of the Coachella 'Valley Chapter of the hnternational Conference of Building Officials, Other Experience Permit Center Supervisor, City of Palm Springs 1977 - 1978 Energy Coordinator, City of Pahn Springs 1976 - 1977 Permit Center Technician, City of Palm Springs 1973 - 1976 Photo Interpreter,US Navy 1969— 1973 EDUCATION BA Public Service Management University of Redlands, 1978 Professional Accreditation—Accredited Airport Executive American Association of Airport Executives, 1989 Licensed as a Certified Building Inspector and General Contractor ICXTTTBTT B Page 1 of 2 BUDGET STATUS REPORT PALM SPRINGS CONVENTION CENTER EXPANSION PROJECT 31-May-05 BUDGET ITEM AMOUNT Funds Available From Bond Issue 44,580,542 Funds Available From C Others 12,938 TOTAL AVAILABLE FUNDS 44,593,480 Soft Cost Items Architectural Design 3,235,547 Environmental Documents 58,000 Topo Survey 18,000 Pre-construction CM services 174,502 CM Services 1,966,825 CM Fee Increase 336,014 City Representative 349,080 Plan Check 21,601 Testing& Inspection 180,000 Blueprinting 200,000 City Administration Cost 160,000 Builders Risk Insurance 50,031 Pre-opening Marketing 350,000 Subtotal Soft Costs 7,099,600 Construction Costs FF&E Set Aside 400,000 Security Set Aside 50,000 Utility Relocations 84,953 Beverage Equipment 24,000 General Requirements 641,025 North Parking Lot 553,178 Direct Purchase Equipment 1,598.120 Original Trade Contractor Costs 31,333,940 Change Orders 667,145 Subtotal Construction Costs 35,352,361 TOTAL COSTS 42,451,961 CONTINGENCY REMAINING 2,141,519 EXHIBIT B Page 2 of 2 CONTRACT STATUS REPORT PALM SPRINGS CONVENTION CENTER EXPANSION PROJECT DATED: 31-May-05 Note: Contract Amount includes any change orders approved at time of award. Trade# Description Contract Amt. Change Orders Adiusted Contract 1 Demolition 369,233 15,698 384,931 2 Dry Utilities 114,406 0 114,406 3 Site Demolition 325,000 -2,562 • 322,438 3A Site Grading 400,000 91,552 491,552 3B Shoring 22,154 -21,970 184 4 Drilled Caissons 153,000 44,488 197,488 6 Site Concrete 352,276 -10,010 342,266 7 Landscape& Irrig. 381,800 4,857 386,657 8 Conc. & Reinforcing 1,857,000 67,939 1,924,939 9 Stone/Masonry 1,863,306 -17,382 1,845,924 10 Structural Steel 8,540,000 30,335 8,570,335 12 Drywall/Stucco/Studs 5,970,740 11,744 5,982,484 13 Roofing 573,170 11,180 584,350 14 Flash/Sheet Met. 348,095 303,378 651,473 15 Doors,frames,Hardwan 179,200 5,705 184,905 4_ 16 Glass &Glazing 585,700 4,961 590,661 17 Acoustical Ceilings 1,530,777 21,393 1,552,170 18 Tile 94,500 0 94,500 19 Carpet 251,350 21,425 272,775 20 Painting 498,000 -22,376 475,624 21 Plumbing 700,000 11,690 711,690 22 HVAC 2,626,743 11,345 2,638,088 23 Fire Sprinklers 269,000 77,595 346,595 24 Electrical 1,511,000 -58,589 1,452,411 25 Wet Utilities 623,880 -5,281 618,599 26 Mill Work 97,947 0 97,947 27 Waterproofing 62,749 -6,768 55,981 29 Special Doors 56,705 0 56,705 30 Asphalt Ch to 3A 78,200 0 78,200 31 Misc. Concr3A 64,272 0 64,272 32 Toilet Compartments 24,895 0 24,895 33 Misc. Specialties 17,210 0 17,210 34 Signage 70,950 0 70.950 35 Operable Walls 499,630 0 499,630 38 Direct Purchase Equip. 1,598,120 9,853 1,607,973 40 N. Parking Lot 553,178 0 553,178 41 Carpet Tile 221,052 0 221,052 42 Utility Relocation 84,953 3,600 88,553 / 43 Misc. 0 11,115 11,115 44 Mesquite Carpet 0 52,230 52,230 TOTALS 33,570,191 667145 34,237,336 EXHIBIT C SCOPE OF SERVICES Consultant shall perform the following Owner Representative services for City: 1. Provide bi-weekly written report, for informational purposes, to City on the status of the project(s). 2. Advise City in the selection of project consultants, i.e, soils, testing, surveying and special inspections. 3. Coordinate the work of the design team. 4. Coordinate the project bidding process with City Procurement& Contracting. 5. Coordinate the project impacts with adjacent neighbors. 6. Coordinate the flow of information between the consultants, design team and the City. 7. Conduct regular meetings with the design team, consultants, contractors and City. 8. Regularly review progress and schedule and for informational purposes, provide a report to City. 9. Regularly review project budget and for informational purposes,provide a report to City. 10. Make daily visits to the construction site to review progress and handle onsite coordination concerns. Review all changes (Change Orders) to the project scope, schedule and budget. 11. Review all pay requests and make recommendations to City. 12. Review all lien releases. 13. For federally funded projects complete and submit the weekly progress report; Federal Form 5370-1. 14. Continually work to build a mutually supportive team effort. 531870 1 Statement of Qualifications No. 10-07 Facility Construction Owner Representative Services for the City of Palm Springs City of Palm Springs, California Acknowledgment of Receipt of Addendum By: Allen F. Smoot & Associates .Representing Construction Project Owners 1288 Buena Vista Drive Palm Springs, California 92262 (760)327-5142 asmoot@verizon.net Al: This list of vendors that have Registered as an Offeror to date is as- follows: Harris &Associates Allen Smoot URS Corporation Leighton Consulting gkk works Bureau Veritas North America, Inc. Heery International Inc. Infrastructure Engineering Corp. Pacifica Services, Inc. Simpson & Simpson Management Lundgren Management Consulting, Inc. John R. Trueblood Vanir Construction Management TEC Management Simplex Construction Mgmt. Inc. TranSystems Corporation DMJM Harris CMTS, Inc. Q 2: Could you provide us with the office location, contact person, and phone number at the Palm Springs Intl. Airport where we can view the Airport C.I.P. A 2: We are providing the Airport AWP ACIP Data Sheets for Fiscal Years 2008, 2009, 2010, 2011 and 2012 attached to this Addendum. Please note that this information is subject to change and the Airport's Master Plan will be updated within the next 18 months which will impact the projects contemplated." BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L, Cla dens, C.P.M- Procurement& Contracting Manager DATE: May 2, 2007 ADDEND [AC-KNnW:�g6MEA1T:. Proposer Firm Name: rri o •!— p rc Authorized Signature: Date: 6 o Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your response, Failure to acknowledge this Addendum may result in your response being deemed non-responsive. t.. Q 9' Will the City hold a pre-proposal conference for this procurement? A 9: No. Q 10: Is the.City open to providing 1 additional week for responding to the RFSOQ to react to these and other questions? A 10: No. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. GI dder .P.M. Procurement Contracting Manager DATE: May 7, 2007 ADDENDUM ACKNOWLEDGMENT' Proposer Firm Name: A 1\r-(A m6a 7 ASSa� . Authorized Signature: Date' c5 7 p7 Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your response, Failure to acknowledge this Addendum may result in your response being deemed non-responsive. Q 2: If the facilities listed in the Introduction and Background are in fact potential projects are estimates of cost available for these projects as well? A 2: Cost estimates for the potential projects are not yet available as these projects are not yet approved and are only construction projects being considered for which the city is seeking OWNER representative services NOT Construction Management Services). BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gla ers .M. Procurement& Contracting Manager DATE: May 9, 2007 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: 1n I le^ �_• SrrnOo'V A- Rssac . Authorized Signature: Date: Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your response. Failure to acknowledge this Addendum may result In your response being deemed non-responsive.