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Home My WebLink About14 C37960A CA2 Sillman Wright ArchitectsCONTRACT NO. C37960A STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: June 24, 2021 PREPARED BY: Randy Bowman, Deputy Director of Public Works REQUEST: Approve Amendment No. 2 to extend Contract No. C37960A with Sillman Wright Architects of San Diego, California, for design consulting services in an amount not to exceed $50,780 for the interior improvements to the City Council Chamber Improvements (Project No. 765-19). ___________________________________________________________________________ Recommendation By Minute Motion: 1) Approve Amendment No. 2 to extend Contract No. C37960A with Sillman Wright Architects of San Diego, California, for design consulting services in an amount not to exceed $50,780; 2) Authorize the Mayor to execute the agreement; and 3) Appoint two (2) Council Members to serve on the sub-committee and provide input regarding aesthetic features for proposed Council Chamber renovations, including the selection of paint color schemes and the finish materials of furniture and other fixtures; The project budget of $1,500,000 is included in the Fiscal Year 2021/2022 Financial Plan for design and construction. Strategic Plan This action has no impact on achieving the goals set forth in the Strategic Plan. Background Analysis At its April 11, 2019, meeting, the City Council awarded Contract No. C37960A in the amount of $90,000.00 to Sillman Wright Architects of San Diego, California, for design consulting services for the interior improvements to the City Council Chamber. The scope of the design agreement included the following improvements: remove and replace carpet, remove and replace public seating, and address all ADA deficiencies within the Council Chamber, excluding the restrooms. The contract did not include bidding support or construction support. On November 14, 2019, the City Council received an informational update on the project and appointed two Council members to serve on the sub-committee and provide input regarding aesthetic features for proposed Council Chamber renovations, including the selection of paint color schemes and the finish materials of furniture and other fixtures. Council members Jan Harnik and Susan Marie Weber were appointed to the sub-committee. City staff is requesting June 24, 2021 - Staff Report Amendment No. 2 to Contract No. C37960A Page 2 of 3 the City Council re-appoint a sub-committee to support the final plan preparations and any final decisions needed on aesthetic elements of the project. On February 13, 2020, the City Council approved Contract Amendment No. 1 for Contract No. C37960A in an amount of $22,230 for additional design services for renovation of restrooms adjacent to the Council Chamber, as well as improvements to the Council Chamber Conference Room. The design consultant submitted 90 percent complete plans to the City for review on March 3, 2020. Over the subsequent weeks as the COVID-19 pandemic unfolded, the City Council and City Manager reviewed revenue projections and expenditures and decided to suspend projects and other planned expenditures determined not to be essential services. On May 19, 2020, the Director of Public Works instructed the design consultant to suspend activity on the project. The City Council held FY 2021/2022 budget study sessions on April 23, 2021 and May 11, 2021. The City Council concluded the study session discussion on the Capital Improvement Plan with support for resuming a scaled down City Council Chamber project focusing on ADA compliance, security enhancements, and improvements to audio and visual equipment. Staff recommends the City Council approve amending the existing contract with Sillman Wright Architects in an amount not to exceed $50,780 to complete the plans, add support for bidding and construction, and minor additional work needed for audio/visual upgrades for electronic voting and remote meeting participation, for example. Amending the existing contract would be in the best interest of the City, per Section 3.30.160 of the Palm Desert Municipal Code, as procuring a new design professional for the project would add extra cost to the project and unnecessarily delay the project construction. Following City Council approval of the contract amendment, the consultant will update the plans and specifications in July and submit for building permit plan check. The project will be bid in August and a contract award anticipated by October. Construction is anticipated to proceed before December and take 90-120 days to complete. Fiscal Analysis The project budget of $1,500,000 is included in the Fiscal Year 2021/2022 Financial Plan for design and construction; therefore, there is no additional impact to the budget. Project Funding Source Year Description Budget for this Project* Total Project Cost Council Chamber Improvements Capital Improvement Fund FY21/22 Final Design $50,780 FY21/22 Construction $1,449,220 $1,500,000 Bolded amount is the subject of this request. June 24 , 2021 -Staff Report Amendment No . 2 to Contract No . C37960A Page 3 of 3 LEGAL REVIEW FINANCIAL ASSISTANT Approved as to Form DEPT. REVIEW REVIEW CITY MANAGER .'A.nciy :Fires t ine 9t:lh\,e::t m . '11100,z,e-. .'A.ncfy :Firestine N/A Janet M . Moo re Andy F irestine Director of Fi nance Andy Firest ine Robert W . Harg reaves Ass istant C ity Manage r Ass istant C ity Manager C ity Attorney C ity Manager : L. Todd Hileman : L . Tool ol H-Ll eVlA.-~~ CONSUL TANT: ATTACHMENTS : Sillman Wright Architects 7515 Metropolitan Drive , Suite 400 San Diego , CA 92108 1) Amendment No . 2 to Contract No . C37960A CITY COUNCIL ACTION APPROVED __ V _____ DENTED------ RECEIVED ______ OTHER------ ~~Jf~t~a11ni@JJtr(m!M&l1v NOES: Nooe ABSENT: _..,N_D"'!"h_e __________ _ ABSTAIN: None., VERIFIED BY: lv\b]~ / 5r.5 Original on File with City Clerk's Office [This page has intentionally been left blank.] CONTRACT NO. C37960A Page 1 of 6 72500.00001\32445060.1 (Revised 10-06-20) AMENDMENT NO. 2 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SILLMAN WRIGHT ARCHITECTS Contract No. C37960A 1. Parties and Date. This Amendment No. 2 to the PROFESSIONAL SERVICES AGREEMENT is made and entered into as of this 24TH day of June, 2021, by and between the City of Palm Desert (“City”) and SILLMAN WRIGHT ARCHITECTS, a Corporation with its principal place of business at 7515 Metropolitan Drive, Suite 400, San Diego, California 92108 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Sillman Wright Architects have entered into an agreement entitled “PROFESSIONAL CONSULTANT SERVICES AGREEMENT” dated April 11, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide professional services for the City Council Chambers Improvements (Project No. 765-19). 2.2 Amendment. The City and Consultant desire to amend the Agreement for additional professional compensation and extended term related to the City Council Chambers Improvements project in the amount of $50,780. The Parties have heretofore entered into that Amendment No. 1 dated February 13, 2020. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.5.14 of the Agreement. 3. Terms. 3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: “The term of this Agreement shall be from April 11, 2019, to December 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Upon the expiration of the initial agreement term, the agreement shall be automatically renewed for an additional one (1) year term.” 3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: “Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the rate sheet provided by the Consultant. The total compensation shall be Fifty Thousand Seven Hundred Eighty and 00/100 dollars ($50,780). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” CONTRACT NO. C37960A Page 2 of 6 72500.00001\32445060.1 (Revised 10-06-20) 3.2 Exhibit A. Exhibit A of the Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto and incorporated herein by reference. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] CONTRACT NO. C37960A Page 3 of 6 72500.00001\32445060.1 (Revised 10-06-20) SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SILLMAN WRIGHT ARCHITECTS IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the PROFESSIONAL CONSULTING SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT Approved By: KATHLEEN KELLY MAYOR Attested By: M. GLORIA SANCHEZ, ACTING CITY CLERK Approved As To Form: By: Best Best & Krieger LLP City Attorney Reviewed By: ____________________________________ ANDY FIRESTINE ASSISTANT CITY MANAGER SILLMAN WRIGHT ARCHITECTS Signature Name Title Signature Name Title CONTRACT NO. C37960A Page 4 of 6 72500.00001\32445060.1 (Revised 10-06-20) Notary 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 ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above CONTRACT NO. C37960A Page 5 of 6 72500.00001\32445060.1 (Revised 10-06-20) Notary 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 ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above CONTRACT NO. C37960A Page A-1 72500.00001\32445060.1 (Revised 10-06-20) EXHIBIT “A” SCOPE OF SERVICES, SCHEDULE OF SERVICES, AND COMPENSATION Exhibit "A" Mr. Randy Bowman City of Palm Desert June 14, 2021 Page - 2 g. Extend conduit from lectern to back of chamber for media connections; and extend to lobby for AV h. Update Council Conference Room AV 2. Prepare submittal documents 3. Address plan review comments as required for permit B. Bid Support Phase 1. Assist the City in preparation of bid documents and addenda, if needed 2. Respond to Bid RFI's 3. Conduct one contractor bid walk on site C. Construction Administration Phase 4. Attend virtual Owner/Architect/Contractor (OAC) meetings as needed 5. Three site visits 6. Respond to RFI's and review of contractor submittals 7. Issue ASI's and CCD's as needed 8. Review of proposed contractor Change Orders 9. Review of contractor Pay Applications 10. Punch List review and project closeout III. EXCLUSIONS A. Services beyond those described above B. Permits and other fees. C. Additional design and/or engineering SILLMAN I�" �i; victi��;: uitar� u��ii�.�e I��;iE�; ��Ca I�_��: i�•i�Qo �F ',�21�3 I��: �1u Z��.75�1:� I www.si��nnANaRCH.conn Palm Desert Council Chambers Project Restart Fee Proposal 06.14.2021 Mr. Randy Bowman City of Palm Desert June 14, 2021 0 5 L•'� � Page - 3 IV. FEE FOR SERVICE 1. Architecture 2. Mechanical/Electrical/Plumbing Per attached proposal from RPM dated 6/10/21 3. Structural Engineering Per attached proposal from Wynn dated 6/9/21 Cost Estimating Provide Statement of Probable Cost prior to bid Fire Sprinkler Review contractor Shop Drawings & provide Final Report Additional Project Services If needed and as authorized by City TOTAL FEE MISCELLANEOUS PROVISIONS: $30,400 $2,500 $4,050 $3,150 , �.:� $10,000 $50,780 A. Payment for service shall be billed monthly based on the time spent for the work. B. Our invoices are payable in full on receipt. If client fails to pay architect within thirty days after the invoice date, architect shall have the right to immediately stop all work on the project and suspend perFormance of this obligation under this Agreement. This is in addition to his other right and remedies, including his right to terminate this Agreement. C. Reimbursable expenses shall be billed to Client at 115°/o of supplier's gross invoice to Architect and will include governmental fees, permits, assessments, photography, special presentation materials, long distance telephone charges, title company charges, specialty Architects (i.e., acoustic engineer, geologist, traffic engineers, etc.), authorized traveling expenses, and all other charges not specifically covered by the terms of this agreement. D. A LATE PAYMENT CHARGE will be computed at the rate of 1.5% per month and will be applied to any unpaid balance commencing thirty (30) days after the date of the original invoice. Imposition of the late payment charge shall not imply an agreement to delay collection of a delinquent account, not shall if affect architect's other rights and remedies, including his right to terminate this Agreement. SILLMAN I �., ; i% '�iL't10; _)lid�l V�I'I':'C-' I`�l+iEr �� i'+ I 4i_) 1_')Ic( C C;,?; `i� 1 i}� I 1'. ":> l� �e+� .�' S 1�� I WWW.SILLMANARCH.COM Palm Desert Council Chambers Project Restart Fee Proposal 06.14.2021 Mr. Randy Bowman City of Palm Desert June 14, 2021 Page - 4 E. The fees for the above scope of work are valid for six (6) months from the date of this proposal. F. Hourly contracts and additional assignments at client's request will be billed to you at our standard hourly rates as follows unless notified in writing thirty (30) days prior to any changes. SCHEDULE OF RATES 2020 Principal Architect Sr. Project Architect Project Architect Project Manager Project Designer Job Captain Drafter / CAD / BIM Administrative Consultant $220/hour $200/hour $190/hour $180/hour $170/hour $150/hour $120/hour $110/hour 115% of Direct Cost We look forward to working with you and thank you for this opportunity to be of service. Sincerely, � �� .._.._ Brett Tullis, AIA, LEED AP BD+C Architect License: #C-31087 Sillman SILLMAN I �., ; i% '�iL't10; _)lid�l V�I'I':'C-' I`�l+iEr �� i'+ I 4i_) 1_')Ic( C C;,?; `i� 1 i}� I 1'. ":> l� �e+� .�' S 1�� I WWW.SILLMANARCH.COM Palm Desert Council Chambers Project Restart Fee Proposal 06.14.2021 Raymond K. Phua, P.E., Principal Maurice Yee, P.E.. SeniorAs,sociate Lan V. Nguyen, P.E., SeniorAssociate �ENGINEERS, INC. FEEPROPOSAL TO: Marc Stock COMPANY.• Sillman Wright Architects 31045 Temecula Pkwy, Ste 204 Temecula, CA 92592 EMAIL: mstock(a�sillmanwri�ht.com FROM: Jay Kim DA TE: 06/10/21 NO. OF PAGES INCL UDING COVER: 1 PR OJECT: Palm Desert Council Chambers Renovation The engineering fee shall be as follows: 1. Addressing MEP plan check, bidding, construction administration, coordinating with IT & AV consultant: $2,500 *No site visit or punch walk *Printing, plotting and delivery of drawings shall be reimbursable expense. Accepted & Agreed by: Print Name: Date: 102 Discovery, Irvine, CA, 92618 • Tel: 949-450-1229 Fax: 949-450-1454 www.rpmpe.com WYNN ENGWEERING civil cnginccring structural cnginccring land survcying aDD0�D0�Q� �0�� aC�� THIS WORK ORDER IS FOR JOB # Date of Request 19-630 �� June 09, 2021 Phone Number / E-mail Address Mailing Address (619) 294-7515 7515 Metropolitan Dr., # 400 mbaker sillmanarch.com San Diego, CA 92108 Work wi I s�art when form is signed, dated and re urned Client Name Job Number Mr. Mark Baker 19-630AWA1 Site Address San Pablo Avenue & 44'" Avenue City State Palm Desert CA Project Name: SW Architects—Palm Desert Work Requested: Structurel Engineering Services IDescription Work Requested: Project Manager ❑ Gary Zip U Kerry 92260 � Steve ClienYs Project Num oer & Name: 19020 Palm Desert Council Chambers Requested By: Client 1. To provide structural engineering services for Plan Check and Bidding assistance. 2. To provide structural enqineerinq services for Construction Support. Total Estimated Cost: �Fixed 1. $1,350.00 �Hourly 2. Hourly, NTE $2,700.00 I Gary R. Wynq PE 43202 Pres'i � Daie:06/0 /2��1� V Authorized Person / Please Sign, Date and Return Kerry Watts Steve Reid, S.B. SA50 Civil Depart e Man Managin �.�. J�1%d� .__..�_ �� Date: 06/09/2 21 Daie:06/09/2027 27315 Valley Center Road • Valley Center. CA 92082 •(760) 749-8722 Los Angeles (310) 306.9728 • www.wynnenginee�ing.com Palm Desert Council Chambers Renovation - Project Restart 6/10/2021 DISCIPLINE - FIRM Architecture - SWA Cost Estimating - Cumming MEP - RPM Engineering Structural - Wynn Engineering Fire Sprinkler - RFP CD $12,000 $3,150 $1,500 $1,350 $480 Bid $2,400 NA $500 $500 NA CA $16,000 NA $500 $2,200 $200 Add Service Allowance $7,500 NA $1,500 $500 $500 TOTAL $37,900 $3,150 $4, 000 $4,550 $1,180 TOTAL I $18,480 I$3,400 I$18,900 I $10,000