The URL can be used to link to this page

Home My WebLink AboutC23340A - CA1 - Sec 29 Benefit AD FormationREQUEST: SUBMITTED BY: CONSULTANT: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT STAFF REPORT APPROVE CONTRACT AMENDMENT NO. 1 TO CONTRACT NO. C-23340A WITH MUNIFINANCIAL FOR ADDITIONAL PROFESSIONAL SERVICES ASSOCIATED WITH THE SECTION 29 BENEFIT ASSESSMENT DISTRICT FORMATION DAVE YRIGOYEN, DIRECTOR OF REDEVELOPMENT/HOUSING MUNIFINANCIAL 27368 VIA INDUSTRIA, STE. 110 TEMECULA, CA 92590 JANUARY 11, 2007 CONTRACT AMENDMENT NO. 1 (CONTRACT NO. C23340A) By Minute Motion, that the City Council approve Contract Amendment No. 1 to Contract No. C23340A with MuniFinancial in a total amount not -to - exceed $13,000 for provision of additional professional services associated with the Section 29 Benefit Assessment District Formation. The remaining $13,000 necessary for the contract amendment is available in Trust Account No. 610-0000-228-2100, per the Reimbursement Agreement (Contract No. C23200) with the developers of the Section 29 Benefit Assessment District. Discussion: On 23 March 2006, the City Council approved the contract to MuniFinancial in the amount of $11,500 for provision of professional services related to the district formation costs associated with Section 29 Benefit Assessment District. Charges for these services are paid from the deposit made by the developers of the district, per the Reimbursement Agreement (Contract No. C23200). The formation is approximately 75% complete and MuniFinancial has been performing the required services in a satisfactory manner. During the course of district formation, numerous adjustments to the configuration of the district due to negotiations with the developers, and modifications in their plans of development have impacted work activities on the consultant's critical path. Due to these changes and the resulting extended time frame, the consultant has had to perform extensive revisions to individual property owners' analyses. Staff Report Approve Contract Amendment No. 1 to MuniFinancial Page 2 of 2 January 11, 2007 Simultaneously, there have been four meetings to which the consultant has been involved, which is far beyond the number outlined in the original scope. As a result of the increased scope of work, the consultant's contract warrants modification to compensate for the additional professional services required. Contract Amendment No. 1, in the amount of $13,000, provides compensation for additional services associated with the increase in scope. These services include additional work related to database updates and property analysis relative to the distribution which is to be included in the final Engineer's Report. Staff recommends approval of the subject contract amendment in order to facilitate the completion of the Section 29 Benefit Assessment District. Submitted by: C Dave Yrig�- -n Director edevelopment/Housing Paul S. Gibson, Director of Finance Approval: McCarthy Redevelop Carlos L. Ortega, City Manager CITY COUNCIL .ACTION: APPROVED V DENIED RECEIVED ., OTHER tvIEETI/ AYES: NOES: 0N ABSENT: Ain,SU� ABSTAIN: 111,FAF. VERIFIED BY:.. Original on File IQ nil ' with ity Clerk's Office G \RDA\Veronica Tapia\Word Files\Staff Reports\Staff Report -Muni Section 29 BAD Amend.doc i��'�!'�� convact#�P.o.# C23340A AmendmenU � ��,�'�F!�� Change Order No. �' Contingency: YES NO X Contract Purpose Section 29 BAD Formation Account No. 610-0000-228-2100 ConsultanYs Name MuniFinancial Project No. Address: 27368 Via lndustria, Ste. 110; Temecula, CA 92590 vendor No. 391 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE DESCRIPTION OF CHANGES In Contract Price In Contract Price Additional professional services for Section 29 BAD formation 13,000.00 TOTALS: - 13,000.00 NET CHANGE IN CONTRACT PRICE: 13,000.00 JUSTIFICATION: TOTAL BUDGET FOR PROJECT: + 11,500.00 CONTINGENCY: Less: Expend. 8� Encumb. To Date: - 11,500.00 Amount Approved by Council: + Less: This Change Order Amount: - 13,000.00 Less: Prior Amendment(s): - BALANCE OF BUDGET Less:This Amendment: - REMAINING FOR PROJECT: 13,000.00 Balance Remainin of Contin enc : - The amount of the Contract will be (sesfeased) Increased by the Sum of: Thirteen Thousand and NO/100 Dollars ($13,000.00 ). G:�RDA�Laurel Knutson\Word Data\RDAWmndmts-Chng OrdrsUNuniFinanpal C23340A-t doc Continued on reverse ... Contract C23340A Amendment No. 1 Continued from front This Contract Amendment covers changes to the subject contract as described herein. The consultant shall perform all work as necessary or required to complete the Contract Amendment items for a lump sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension Days. Revised Contract Total Twentv-Four Thousand, Five Hundred and NO/100 Dollars . The undersigned Consultant approves the foregoing Contract Amendment # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Contract Amendment # 1 . The Consultant agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Contract Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Contract Amendment shall be effective when approved by the Owner. Execution of this Contract Amendment by the Consuitant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Contract Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONSULTANT 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR RICHARD S. KELLY, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved G:\RDA\Laurel Knutson\Word Data\RDAWmndmts-Chng OrOrs\MuniFinanaal C23340A-1.doc Continued on reverse ... � . MuniFinancial llecember 21, 2006 I�1r. Paul S. Gibson Director of Pinance/City"I'reasurer Ciri� �f Palm Desert 73-510 Fred Waring llrive Palm Desert, California 92260-2578 Re: MuniFinancial Fee Increase for Benefit Assessment District(BAD)Formation Services for the Monterey I70/29 Project I�car Paul: The purpose of this letter is to request a fee increase for the I�lonterey 170/Section 29 Benefit .�ssessment District Normaaon project. Since our agreement provides for an adjustment to our fee based on adjustments to the scope of services for the project, I indicated that I would apprise }'ou of anti� changes in writing, and request the necessaty change in our contract amount. r1s such, the purpose of chis letter is to request a fee increase for services we are currendy providing to the Cin� for the Benefit 1'�ssessment District (B:1ll) N'ormation project. Our current fee for the project is �11,500. We request that this fee be increased by $13,000 to a total of $24,500 for the project. l�s �•ou are aware, fees for these services are recoverable from the developers, and from the bond proceeds for this project. This increase is needed due to following: • '1'he extcnded time frame of the project required us to do additional databasc updates to include the current available County informarion. In adciirion, we were asked to provide addirional detailed anal��sis for inciividual property owners in the pr�posed ciistrict in order to gain their support. • We have attended four (4) meetings thus far for the project, at the Cit��, including a meeting �vith propertv owners. This is beyond thc number outlined in thc scope, and we still anricipate attendance at the City Council meerings for the formation, as outlined in the original agreement. I have enclosed tw� (2) original amendments to our current agreement. If acceptable, please execute both copies and return one to me in the envelope pro�rided for your con�-enience. 1'lease contact me at (951) 587-3528 if y�u have any questions. Thank �ou and we look forward to the successful bond issue for this project. Sincerel3�, nluniFinancial / / �. ( Chris Fisher, Principal Consultant Pinancial Consulting Ser��ices 273(8 i'ia lndu.rtria,SIr. 110 Tel. (>S1)�87-3�00 "1 emeiula, C.�ali%orniu )2>90 wu�ucmiuri.rom Fa.�(J�1)�87-3�10 .11i: 1'r�ul.S�. (;tl��on. C.JI��o/�Pnlnr Dc�.rc�7 I•�r Innr•a�r)i�i f�cv�r/11 ii.r�e�:�nnv�/I�i.�t�ic11�o�n>utron.S'c�r�ia�r I)errrnGel'�<. ?OOG Pn;�,_a/� ADDENDUM 1 TO AGREEMENT FOR PROFESSIONAL SERVICES 't�he :\�reeinenn c�t�veeei �fueiirinancial anci the(;in�of Palrn Descrr for Benefit:'lssessment l�istrict (1�:1[�) I�c�rmatio�l Ser�•ices cl�ted tilarch 23, 20UG (liereinafter the ";lgreement") is amended as fc�llc��t�s: f�.shil�ir .1 c�f the:��reeinetit entitled"�cope c>f Ser��ices" is ainended to include the fe>llo��ing aciclitic�n�l rasl;s: • ��lclitic�nal �vork relatccl to continuing changcs in thc composition of thc ciistrict, and nc� incrcasing numbcr of mcctin�s. l�:�hibit I� <>}rhe 11�reeinent ent.icled "I�ees fc�r Ser�•ices" is amended to include 1n addir.ional fee r�f 513,OO1), fr>r,i ��r��jcct total <�f�2=�,500. .1ll c�thcr ierms anci conciitic�ns containe�l in thc:lgreement shall remain in full force ancl effect. l�.secutcc� this da�• of 2(10 MuniFinancial City of Palm Desert 13��: I��: l�ranl: (;. '1'ri��c��i IZlchard S. Iiellv '1'itic•: I'resi�iciit and CI:C) "Title: i�fa�-or :1cl�lr�,,: 2i3GH�'ia lnc�ustria, �uite 11() _lddress: 73-510 l�rcci�l'arint; I�ri��c 'I c°tnecula, ��:lLifOPt111 ��J��O-.3GO� 1'alm llcsert, CaliforniZ �22GU-257H