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HomeMy WebLinkAboutR29420 - CA2 - DW Terrace Xpnsn DsgnContract No. R29420 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF PROFESSIONAL ARCHITECTURAL SERVICES CONTRACT AMENDMENT NO. 2 WITH SMART MICHAEL SIMINOFF ARCHITECTS, INC. IN AN AMOUNT NOT -TO - EXCEED $5,000 FOR THE DESERT WILLOW LAKEVIEW TERRACE EXPANSION DESIGN SUBMITTED BY: Martin Alvarez, Redevelopment Manager Heather Buck, Project Coordinator ARCHITECT: Smart Michael Siminoff Architects, Inc. 18662 MacArthur Blvd., Suite 101 Irvine, CA 92612 DATE: June 24, 2010 CONTENTS: SMS Work Authorization No. 3 Request Professional Services Contract Amendment No. 2 Recommendation By Minute Motion: 1. Approve Professional Services Contract Amendment No. 2 for Contract R29420 with Smart Michael Siminoff Architects, Inc. (SMS) in the amount not -to -exceed $5,000 for an additional reimbursable allowance for the Lakeview Terrace Expansion at Desert Willow; 2. Authorize the Director of Finance to move $380 from contingency (Account No. 851-4663-454-4001) to base; 3. Appropriate an additional $4,620 from Unobligated Project Area 2 Funds; and 4. Authorize the Chairperson to execute said amendment. Funds are available in RDA Post Construction Costs, Account No. 851- 4663-454-4001. Background Approval of staffs recommendation will approve Professional Services Contract Amendment No. 2 with SMS for the Lakeview Terrace Expansion at Desert Willow. The Staff Report Contract No. R29420 Ratify Amendment No. 2 with SMS for Lakeview Terrace Expansion at Desert Willow June 24, 2010 Page 2 of 2 contract amendment is an allowance in the amount not -to -exceed $5,000 for reimbursable expenses associated with plan check review prints, mailing and delivery costs, mileage to attend meetings above and beyond those which were included in the contract, and construction administration printing costs. Staff recommends approval. On December 10, 2009, the Agency Board awarded a contract in the amount of $82,300 (plus a reimbursable allowance of $4,100) with a ten percent (10%) contingency ($8,230) to SMS for architectural design services for the Lakeview Terrace expansion at Desert Willow. The design scope includes, but is not limited to the following components: Expansion of the existing outdoor terrace seating capacity by 100 guests. Expansion of the Ballroom and Palm Desert Room (PDR) by 315 square feet. Design of a new exterior bar and shade canopy. On May 13, 2010, the Agency Board approved contract Amendment 1A and 1B in the amount of $7,850. Amendment 2 is an allowance for additional reimbursable expenses associated with the project. The design of the Lakeview Terrace expansion is complete. The project is currently out to bid with award of construction anticipated at the June 24, 2010, Agency Board meeting. The amendment allows staff to proceed without delay. Fiscal Analvsis The estimated construction cost for the project is $1 million. Amendment No. 2 in the amount of $5,000 requires an additional appropriation of $4,620. Funds are available in Unobligated Project Area 2 Fund; therefore, there is no immediate fiscal impact to the General Fund. Submitted By: Heather Buck, Project Coordinator Department G Ju tin c rthy, ACM for ed velopment Paul S. Gibson, Director of Finance Approval: Vt" John ohlmuth, Executive Director i Tin Alvarez, Rede elopment Manager BY RDA - ` C ON VERIFIED BY '.J Original on file with City Clerk's Office \\srv-fi12k3\groupsVda\Heather Buck\Desert Willow\Lakeview Terrace\Staff Report\SMSDWLVTAmend2-06241 O.doc Revised Work Authorization: 03 Dated: May 25, 2010 Client: Mr. Martin Alvarez, Project Manager City of Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Via: Email / Mail Re: Additional Reimbursable budget & Mileage expense Project: Desert Willow Terrace Expansion Palm Desert, CA SMS Project No: 10-002.1C Authorization is confirmed for SMS Architects to perform the following services: Additional Services: Scope of Services: 1 Provide a not to exceed budget for additional prints and/or reimbursable expenses as needed, provided by the Architect. All reimbursable expenses shall include all expenses as referred to in section 3.10.3 of the main contract. All expenses, except Mileage will be supported with the actual invoices. .2 Mileage expense will be as per the IRS published rates for the Architect. Such Mileage expense will not be allowed by the client, without prior written authorization (via Email) from the client, asking for the Architect to attend a specific meeting(s). All Mileage will be counted as round trips from the Architect's main office in Irvine. .3 This additional service does NOT include the expense for shipping and handling all submittals during the Construction Administration Phase. The Architect and his consultants are to use the client's account number for it. Compensation: Total not to exceed budget $ 5,000.00 Conditions: 1. This fee is in addition to the Basic Services and reimbursable budget in the Main Agreement. 2. This Work Authorization is for only those services itemized on this Work Authorization #03. Original Agreement: Client / Architect Agreement Services not included: All Services not specifically indicated. Fee: As indicated Services to Begin: Upon receiving written authorization to proceed SMS Architects, by: Emad Michael, Principa Approved for Client, by: Reimbursable Expenses: Cost +10% Architect Expenses: Cost +10% Services to be completed N/A Date: May 25, 2010 Date: P.ZESERT 'MLLOMADESERT WILLOW GOLF RESOR?kCOPY OF COPY Of WA-03.2010 05 20 DOG 2 allowable expenses if the taxpayer maintains adequate records or other sufficient evidence for proper substantiation. The Internal Revenue Service prospectively adjusts the business and medical and moving standard mileage rates annually (to the extent warranted). SECTION 2. SUMMARY OF STANDARD MILEAGE RATES .01 Standard mileage rates (1) Business (section 5 below) 55 cents per mile (2) Charitable contribution (section 7 below) 14 cents per mile (3) Medical and moving (section 7 below) 24 cents per mile .02 Determination of standard mileage rates. The business and medical and moving standard mileage rates reflected in this revenue procedure are based on an annual study of the fixed and variable costs of operating an automobile conducted on behalf of the Service by an independent contractor. The charitable contribution standard mileage rate is provided in § 170(i) of the Internal Revenue Code. SECTION 3. BACKGROUND AND CHANGES .01 Section 162(a) allows a deduction for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. Under that provision, an employee or self-employed individual may deduct the cost of operating an autarnobile to the extent that it is used in a trade or business. However, under § 262, no portion of the cost of operating an automobile that is attributable to personal use is deductible. .02 Section 274(d) provides, in part, that no deduction is allowed under § 162 with respect to any listed property (as defined in § 28017(d)(4) to include passenger PALM DESERT REDEVELOPMENT AGENCY Contract # / P.O. # I R29420 16566 Amendment/ 2 PROFESSIONAL SERVICE AMENDMENT Change Order No. Contingency: YES X I NO Contract Purpose Lakeview Terrace Expansion Architectural Services Account No. 851-4663-454-4001 Consultant's Name SMS Architects Project No. Address: 18662 MacArthur Boulevard, Suite 101 Vendor No. I 11872 Irvine, CA 92612 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 reimbursable allowance 5,000.00 TOTALS: - 5,000.00 NET CHANGE IN CONTRACT PRICE: 5,000.00 JUSTIFICATION: TOTAL BUDGET FOR PROJECT: + 94,250.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - 94,250.00 Amount Approved by Board: + 8,230.00 Less: This Change Order Amount: - 5,000.00 Less: Prior Amendment(s): - 7,850.00 BALANCE OF BUDGET Less: This Amendment: - 5,000.00 REMAINING FOR PROJECT: (5,000.00) Balance Remaining of Contingency: (4,620.00) The amount of the Contract will be (DeGreased) Increased by the Sum of: Five Thousand and NO/100 Dollars ($5,000.00). G:\rda\Agenda Items\6-24-10\SMS-Amndmt-2.docx See reverse Contract R29420 Amendment No. 2 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 Palm Desert Redevelopment Agency, otherwise referred to as Owner. Contract Time Extension -0- Days. Revised Contract Total 99.250.00 The undersigned Consultant approves the foregoing Contract 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 Contract 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 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 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 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. REQUESTED BY: EXECUTIVE DIRECTOR 3. CERTIFIED FUNDS AVAILABLE: FINANCE DIRECTOR NOTE: No payments will be made prior to Executive Director and Agency Board approval 2. ACCEPTED BY: CONSULTANT 4. 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