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HomeMy WebLinkAbout9/3/2008 - STAFF REPORTS - 2.O. O4p ALMS.. .c u � r A�'onnxe M CITY COUNCIL STAFF REPORT DATE: SEPTEMBER 3, 2008 CONSENT CALENDAR SUBJECT: GENSLER ARCHITECTURAL DESIGN SERVICES AGREEMENT 4382 AMENDMENT NO. 16 FOR ADDITIONAL SERVICES RELATED TO THE AIRPORT IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT CP 07-09, AIP 3-06-0181-44. FROM: David H. Ready, City Manager BY. Department of Aviation SUMMARY Gensler Architectural Design Amendment No. 16 would establish an Unforeseen Conditions Design Allowance so that as unforeseen design items are discovered during construction these items can be corrected in a timely fashion and not jeopardize the fast-track schedule. RECOMMENDATION: 1. Approve Amendment No. 16 to Agreement No. 4382 with Gensler for an additional amount of$ 50,000. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS This Amendment would increase the professional services design scope to Gensler, the projects Architect, by adding an "Unforeseen Conditions Design Allowance" in the amount of $50,000, This allowance would be utilized to compensate the design team for added design work and field coordination related to unforeseen items that occur during the construction of the Terminal Complex Project. The project is challenging because it involves tying the new construction elements into several existing structures and disrupting soils that have unknown conditions that could not be earlier identified without excavation. In order for the project to continue on the fast-track schedule, this Design Allowance will allow the Owner's Representative to expeditiously develop design solutions to unforeseen conditions and not jeopardize the project's construction progress. 7FM NO. City Council Staff Report September 3, 2008-Page 2 Gensler Amendment No. 16 All design and field work to be compensated from this allowance will undergo thorough review by the Owner's Representative before the architect can proceed and the City Manager shall authorize said work. If the full allowance is not utilized then it will be unencumbered from the Purchase Order at the end of the project. FISCAL IMPACT: Funding is available in the Airport Hold Room Project account 415-6500-56082. r Thomas Nolan, Executive Director, Airport Allen Smoot, Own is Representative David H. Ready, City art gel Attachment: Gensler A4382 -Amendment No. 16 22 AMENDMENT NO. 16 AGREEMENT NO 4382 — ARCHITECTURAL SERVICES THIS SIXTEENTH AMENDMENT to Agreement No. 4382 for contract services, (herein "Amendment") made and entered into on the day of , 2008, by and between the CITY OF PALM SPRINGS (herein "City") and GENSLER (herein "Architect") is hereby amended effective as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4382 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to and unforeseen conditions design allowance. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Exhibit "A" Scope of Services, is hereby amended by adding a new "Task 17f Unforeseen Conditions Additional Design Allowance Section 2. Exhibit "C" Schedule of Compensation, is hereby amended by adjusting compensation for a total increase of$ 50,000, as follows- Task/Sub-Task No. Description Compensation_Adiustment 17f Unforeseen Conditions Additional Design Allowance* $50,000 Total Contract Design/CA Adjustments $50,000 * Note: This allowance shall be utilized to compensate the architect and the architect's consultants for additional design and field services related to unforeseen conditions on the job. The Owner's Representative shall recommend and the City Manager approve all additional services for unforeseen conditions in advance of any work Owner's Representative is authorized to approve distribution from the allowance for said additional work. Section 3. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. Section 4. Corporate Authority: The persons executing this Amendment 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 on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. Amendment 16,Agrcemenr 4382 IR Gensler—CP#01-09 N WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRING a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By. City Attorney 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 President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer. By: By: Signature (notarized) Signature(notarized) Name: Name: Title: Title. State of 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 and is/are subscribed to the within instrument and acknowledged to me that he/she/they 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 signature(s)on capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the behalf of which the person(s)acted, executed the instrument. instrument. I 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: Amendment 16,Agreement 4382 •g Gcnslcr-CP H 07.09