HomeMy WebLinkAboutR24310A - CA2 - Alessandro Alley Imprvmnts PrjctLl F
PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT
NO. 2 IN AN AMOUNT NOT -TO -EXCEED $5,000 TO OVERLAND,
PACIFIC & CUTLER, INC. (CONTRACT NO. R24310A) FOR
ADDITIONAL SERVICES FOR ALESSANDRO ALLEY IMPROVEMENTS
FROM:
CONSULTANT
DATE:
CONTENTS
Recommendation
Bryce Lynn White, Project Administrator
Overland, Pacific & Cutler, Inc.
41555 Cook Street, Suite 250
Palm Desert, CA 92260
November 12, 2009
Overland, Pacific & Cutler, Inc. Request for Contract Amendment
Contract Amendment No. 2
By Minute Motion, that the Agency Board:
1. Authorize Professional Services Contract Amendment No. 2 in an amount not -to -
exceed $5,000 to Overland, Pacific & Cutler, Inc. (Contract No. R24310A) for
additional services for Alessandro Alley Improvements;
2. Authorize Finance Director to move $5,000 from contingency (Account Number
850-4341-433-4001) to base for amendment; and
3. Authorize Chairman to execute said amendment.
Funds are available in Account No. 850-4341-433-4001.
Executive Summary
Overland, Pacific & Cutler, Inc. is providing professional services for acquisition, relocation, and
coordination services for Alessandro Alley Improvements. Additional professional services are
required for additional negotiation with the two remaining owners of the residential properties to
the north to acquire the necessary portions required for the proposed right-of-way.
Background
The Alessandro Alley runs behind the commercial area on the north side of Highway 111 from
Las Palmas Avenue to approximately 300 feet east of Monterey Avenue. The original
conceptual plan was to widen the alley by 27 feet along its entire length to a total width of 47
feet; providing parking at a 90' angle on the north side of the alley; and close off San Marcos
G:\rda\Staci Kolbeck\Bryce WhiteWessandro A11ey\111209amend2overland.doc
Staff Report
Authorize Contract Amendment No. 2 to Overland Pacific & Cutler, Inc. Contract R24310A
Page 2 of 2
November 12, 2009
Street from the alley to San Clemente Circle. The Alessandro Alley design provides parking
spaces along the north side with landscaping and a barrier wall buffer between the adjoining
residential properties. To accomplish this requires acquisition of portions of the adjoining
residential properties to the north.
The Agency has been unable to acquire the necessary portions from all of the adjoining
residential properties to the north as originally designed. Two of the residential property owners
to the north have previously declined to sell their property or a portion thereof; however, they
have recently indicated a willingness to continue discussions regarding the sale. Therefore,
staff and Overland, Pacific & Cutler, Inc. are continuing to negotiate with these owners, one of
whom is eligible for relocation benefits.
Staff recommends approval of Professional Services Contract Amendment No. 2 in an amount
not -to -exceed $5,000 to Overland, Pacific & Cutler, Inc. (Contract No. R24310A) for additional
services for Alessandro Alley Improvements.
Fiscal Analvsis
This recommendation will increases the cost of this contract but is within the projected
expenditures for this project. Funds are available in Account Number 850-4341-433-4001.
Submitted by:
jBryc e, roject Admhiniator
Department Head:
, A edevelopment
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ZD
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rtin Alvarez, Redevelopment Manager
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Paul S. Gibson, Director of Finance
AWBY RDA C)
ON d'-6"9
VERIFIED BY I«K LLe
Original on file with City Cffice
41555 Cook Street, Suite 250, Palm Desert, CA 92260
phone: (760)776-1238,fax: (760)776r1636
November 4, 2009
Bryce White Sent Via Electronic E-mail
Project Administrator
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Right of Way Acquisition & Relocation Services
Alessandro Alley Widening & Improvement Project — City of Palm Desert
Dear Bryce,
By proposal dated October 3, 2006, OPC proposed to provide the right-of-way acquisition and relocation
services related to the above -mentioned project. During the subsequent period, the requirements of the
project have changed and the period of time necessary to work with the various ownerships and relocation
cases has been extended past the originally anticipated time period.
This letter is our request to the Palm Desert Redevelopment Agency ("Agency") to extend the value of our
contract to cover the costs of the services provided to date and to provide for those additional acquisition
and relocation consulting services anticipated in order to complete the project. It is estimated that a
contract extension in the amount of at least $5,000 will be necessary to provide the additional services.
As always, OPC appreciates the opportunity to provide consulting services to the Palm Desert
Redevelopment Agency and looks forward to a continued relationship.
If you have any questions regarding the above request, or require additional information, please do not
hesitate to contact me.
Sincerely,
Overland, Pacific & Cutler, Inc.
John M. Cutler
Sr. Program Manager
Principal, Sr. Program Manager
$185.00 per hour
Senior Project Manager
$140.00 per hour
Project Manager
$130.00 per hour
Senior Acquisition/Relocation Consultant
$115.00 per hour
Acquisition/Relocation Consultant/Analyst
$105.00 per hour
Escrow Officer/Project Support
$ 73.00 per hour
Secretarial/Clerical
$ 45.00 per hour
OPC considers photocopying, first class postage, telephone, facsimile and cellular communication charges as a normal
part of doing business. These charges are included in the stated hourly rates. Out-of-pocket expenses including pre -
approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified
mail (return receipt requested) charges and specialty reproduction (unless otherwise specified) are in addition to the
contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination and handling.
Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).
In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for
example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not
part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two
times the regular hourly rates.
In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any
remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually,
on the anniversary date of this contract.
Written communication services in other languages would be an additional cost and would be billed separately based
on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be
included at no additional charge.
OPC may submit monthly invoices for the professional services rendered based on the hourly rate schedule provided
above. Substantial changes in the required scope of work may result in the revision of the proposed fees.
Contract Purpose Acquisition, relocation & coordination services for
Alessandro Alley project
Consultant's Name Overland, Pacific & Cutler, Inc.
Address: 41555 Cook Street, Suite 250
Contract # / P.O. # I R24310A 13681
Amendment/ 2
Change Order No.
Contingency: I YES X I NO
Account No. I 850-4341-433-4001
Project No.
Vendor No. I 7879
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 acquisition services 5,000.00
TOTALS: - 5,000.00
NET CHANGE IN CONTRACT PRICE: 5,000.00
JUSTIFICATION:
TOTAL BUDGET FOR PROJECT: +
85,600.00
Less: Expend. & Encumb. To Date: -
85,600.00
Less: This Change Order Amount: -
5,000.00
BALANCE OF BUDGET
REMAINING FOR PROJECT:
(5,000.00)
CONTINGENCY:
Amount Approved by Board: + 8,240.00
Less: P rior Amend ment(s): - 3,200.00
Less: This Amendment: - 5,000.00
Balance Remaining of Contingency: 40.00 ,
The amount of the Contract will be Increased by the Sum of: Five Thousand and no/100
Dollars ($5,000.00).
G:\rda\Agenda Items\11-12-09\0verland R24310A CO-2\R24310A CO-2.doc See reverse
Contract R24310A Amendment No. 2 Continued from front
This Professional Service Amendment covers changes to the subject contract as described herein. The consultant
shall perform all work as necessary or required to complete the Professional Service Amendment items for a lump
sum price agreed upon between the Consultant and the Palm Desert Redevelopment Agency, otherwise referred to as
Owner.
Contract Time Extension -0- Days.
Revised Contract Total $90,600.00
The undersigned Consultant approves the foregoing Professional Service Amendment # 2 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 Professional Service Amendment # 2 . 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 Professional Service 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 Professional Service Amendment by the Consultant 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 Professional Service 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.
3
REQUESTED BY:
CERTIFIED
FUNDS AVAILABLE:
EXECUTIVE DIRECTOR
FINANCE DIRECTOR
NOTE: No payments will be made
prior to Executive Director and
Agency Board approval
2. ACCEPTED BY:
CONSULTANT Date Accepted
4. APPROVED BY:
ROBERT A. SPIEGEL, CHAIRMAN
SECRETARY
11 /12/09
Date Approved
11 /12/09
Date Approved
G:\rda\Agenda Items\11-12-09\Overland R24310A CO-2\R24310A CO-2.doc See reverse ...
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