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Home My WebLink About15 C38040C CA2 Holt ArchitectureContract No. C38040C 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. 1 to Contract No. C38040C with Holt Architecture, Inc. of Palm Desert, California, for design consulting services in an amount not to exceed $60,000 for the Development Services Lobby Renovations (Project No. 727-20). ___________________________________________________________________________ Recommendation By Minute Motion: 1) Approve Amendment No. 1 to Contract No. C38040C with Holt Architecture, Inc. of Palm Desert, California, for design consulting services in an amount not to exceed $60,000; and 2) Authorize the Mayor to execute the agreement. The project budget of $1,000,000 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 January 10, 2019 meeting, the City Council awarded eight contracts for On-Call Professional Architecture Design Services, each for a term of 18 months in a total aggregate amount not to exceed $150,000. Contract No. C38040C was awarded to Holt Architecture, Inc. of Palm Desert, California. The Consultant was engaged to conduct an evaluation of the Development Services lobby and ancillary areas. Conceptual drawings were provided during the effort. Beginning in March 2020, 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. In May 2020, the Director of Public Works instructed the design consultant to suspend activity on the project. June 24, 2021 -Staff Report Amendment No. 1 to Contract No . C38040C Page 2 of 3 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 the Development Services Lobby Renovations project. Staff recommends the City Council approve amending the existing contract with Holt Architects , Inc . in an amount not to exceed $60 ,000 to complete design/build specifications , and provide support for bidding and construction . 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 develop design/build specifications in July , with procurement commencing in August and a contract award by October. Construction is estimated to proceed in December and take 90-120 days to complete. Fiscal Analysis The project budget of $1 ,000 ,000 is included in the Fiscal Year 2021/2022 Financial Plan for design and construction. There is no additional impact to the budget. Pro·ect Funding Source Year FY21/22 Budget for this Pro ·ect* $60,000 Total Project Cost Development Services Lobby Renovations Building Maintenance Fund FY21 /22 Construction $940,000 Bolded amount is the subject of this request. LEGAL REVIEW A roved as to Form N/A Robert W . Hargreaves City Attorney DEPT . REVIEW :A.nay :Firestine Andy Firestine Assistant City Manager FINANCIAL REVIEW Janet M. Moore Director of Finance ASSISTANT CITY MANAGER :A.nay :Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman : L. Toctct rtLleVvt~h ITY COUNCIL TION RECEIVED ______ OTHER------ MEETINGDATE ~~.:;....;1.i--l;....;_·.·2{)~'.21~--~~- A YES d:1CV'.1?\ f-0000tt®, N§trr.Jf., {WJr@D! Uq,;;a2el Iv NOES: NO$ ABSENT: __ N~D ... 'J _e. __________ _ ABSTAIN: N011 e, VERIFIED_B_Y_: ~1\-l~cg-S-/~S~CS-------- Original on File with City Clerk's Office June 24, 2021 - Staff Report Amendment No. 1 to Contract No. C38040C Page 3 of 3 CONSULTANT: Holt Architecture, Inc. 36951 Cook Street, Suite 103 Palm Desert, CA 92211 ATTACHMENTS: 1) Amendment No. 1 [This page has intentionally been left blank.] CONTRACT NO. C38040C Page 1 of 6 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HOLT ARCHITECTURE, INC. Contract No. C38040C 1. Parties and Date. This Amendment No. 1 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 HOLT ARCHITECTURE, INC., a Corporation with its principal place of business at 36951 Cook Street, Suite 103, Palm Desert, California 92211 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Holt Architecture, Inc. have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT” dated January 10, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide on-call architecture design services. 2.2 Amendment. The City and Consultant desire to amend the Agreement for additional professional compensation and extended term related to the Development Services Lobby Renovations project in the amount of $60,000. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.6.14 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 January 10, 2019 to June 30, 2023, 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.” 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. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 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. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue CONTRACT NO. C38040C Page 2 of 6 in full force and effect. 3.6 Counterparts. This Amendment No. 1 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. C38040C Page 3 of 6 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HOLT ARCHITECTURE, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the PROFESSIONAL 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 HOLT ARCHITECTURE, INC. Signature Name Title Signature Name Title CONTRACT NO. C38040C Page 4 of 6 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. C38040C Page 5 of 6 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. C38040C Page A-1 EXHIBIT “A” SCOPE OF SERVICES, SCHEDULE OF SERVICES, AND COMPENSATION 36951 Cook Street, Suite 103 | Palm Desert, CA 92211 (760) 328-5280 June 9, 2021 Randy Bowman, Senior Project Manager City of Palm Desert rbowman@cityofpalmdesert.org RE: Services for Architectural Design Consultant Services Agreement Development Services Lobby Renovations 73-510 Fred Waring Drive, Palm Desert, CA 92260 Randy: Based on our discussion, we will provide Project Management support with the City of Palm Desert Staff for a Design-Build Project for the Development Services Lobby Renovations. We anticipate that our Services will consist of assistance of the following: 1. Administrative assistance in Preparation of Bid Documents. a. Programming and Preliminary Design as needed. b. Development of Preliminary Project Schedule. c. Development of Opinion of Probable Cost Estimate. 2. Bid Administrative assistance: a. Pre-Bid Conference(s). b. Response to Bid RFIs. c. Preparation and issue of Bid Addendum. d. Review of Bid Documents. 3. Pre-Construction Administrative assistance: a. Project Meetings. b. Review of Submittals. 4. Construction Administration assistance: a. Response to RFIs. b. Project Meetings. 5. Allowance for assistance by other Engineers: Structural, Mechanical/Plumbing, Electrical. Our Proposed Compensation for the above Services is a Not to Exceed Limit of $60,000. Thanks for the opportunity to be of service. Please let me know if you need any additional information. Sincerely, Thomas Howell, Senior Principal HOLT ARCHITECTURE Attachments: A. 2021 Hourly Rate & Schedule 36951 Cook Street, Suite 103| Palm Desert, CA 92211 2300 Market Street, Suite 140 | Riverside, CA 92501 760.328.5280 2021 HOURLY RATE AND EXPENSE SCHEDULE Rates Effective through 12/31/2021 HOLT ARCHITECTURE STAFF Senior Principal 225.00 Principal 195.00 Project Architect 175.00 Senior Project Manager + Senior Designer 150.00 Project Manager + Designer 125.00 Assistant Project Manager + Assistant Designer + Interior Designer 110.00 Project Assistant 95.00 Administration Assistance 85.00 Intern 65.00 CONSULTANTS Services performed by Consultants outside the Scope of Work delineated in Professional Services Agreement such as: Structural, Mechanical, Electrical Plumbing, Civil; Soils, Landscape, etc. Cost + 15% REIMBURSABLE EXPENSES Vehicle Mileage 0.80 Mile Postage/Delivery Service, Outside Reprographic Service, Photography, Permits & Fees Cost + 15% Copies, Printing & Scanning Black & White Color 8 ½ x 11 .20 .50 11 x 17 .50 1.00 18 x 24 2.00 4.00 24 x 36 4.00 6.00 30 x 42 6.00 9.00 36 x 48 12.00 16.00