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HomeMy WebLinkAboutAGENDA REPORT 2022 0720 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of July 20, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. E. Consider Amendment No. 1 to Agreement with Linda Demmers Library Consultant for Additional Schematic Design Services. Staff Recommendation: Approve Amendment No. 1 with Linda Demmers Library Consultant, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. (Staff: Jessica Sandifer, Community Services Manager) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Community Services Manager DATE: 07/20/2022 Regular Meeting SUBJECT: Consider Amendment No. 1 to Agreement with Linda Demmers Library Consultant for Additional Schematic Design Services BACKGROUND In December 2017, the City Council awarded an Agreement to Linda Demmers Library Consultant for services related to space planning and design for the new Moorpark City Library. DISCUSSION The original project duration was intended to be concluded in 2020. However, the global pandemic, efforts related to the Civic Center Master Plan, and the switch to a different architectural team, have significantly delayed the project and added additional scope to Ms. Demmers Agreement. The switch to the new architectural team added a second schematic design phase to the scope of work. Staff is recommending amending the Agreement to include funds for the additional schematic design phase. The original contract’s not-to-exceed (NTE) amount was $50,500. The cost for the added schematic design phase is $5,340, which would increase the NTE to $55,840. Staff believes this is an appropriate fee for the added scope and is recommending approval of the amendment. FISCAL IMPACT There are sufficient funds in the Fiscal Year 2022/23 budget to fund these additional services. No budget amendment is needed and the projected fund balance is unchanged. This contract is funded out of Capital Projects Fund 3001 (City Hall Improvement), which has a total appropriation of $2.3 million for FY 2022/23. This amount relates to planning and design costs for the new Library. As this fund has limited revenue sources, the FY 2022/23 adopted budget projects a FY 2022/23 ending year deficit fund balance of Item: 10.E. 670 Honorable City Council 07/20/2022 Regular Meeting Page 2 $(1.3) million. It is anticipated that the deficit fund balance incurred as a result of the Library expenses will be addressed with transfers from appropriate surplus reserves. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 3, Objective 3.11: “Complete Construction Plans for the City’s New Library.” STAFF RECOMMENDATION Approve Amendment No. 1 with Linda Demmers Library Consultant, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. Attachment: Amendment No. 1 with Linda Demmers for Library Consulting Services 671 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND LINDA DEMMERS FOR LIBRARY CONSULTING SERVICES This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Linda Demmers, a sole proprietor (“Consultant”), for library consulting services (“Agreement”), is made and entered into on ______________________________. RECITALS WHEREAS, on February 14, 2018, the City and Consultant entered into an Agreement to have the Consultant provide library consulting services; and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from fifty thousand five hundred dollars ($50,500) by a value of five thousand three hundred forty dollars ($5,340) for a total contract value of fifty-five thousand eight hundred forty dollars ($55,840), and document said agreement to amend by jointly approving Amendment No. 1 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its entirety as follows: “City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide consulting services for a new Moorpark Library, as set forth in Exhibits C and D. In the event there is a conflict between the provisions of Exhibits C and D and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibits C and D. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibits C and D. Compensation for the services to be performed by Consultant shall be in accordance with Exhibits C and D. Compensation shall not exceed the rates or total contract value of fifty-five thousand eight hundred forty dollars ($55,840) as stated in Exhibits C and D, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” ATTACHMENT 672 Amendment No. 1 to Agreement between City of Moorpark and Linda Demmers Page 2 II. Section 5, PAYMENT, is amended by replacing the second paragraph in this section as follows: “The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibits C and D, based upon actual time spent on the above tasks. This amount shall not exceed fifty-five thousand eight hundred fifty dollars ($55,850) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.” III. Remaining Provisions: Except as revised by this Amendment No.1, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK LINDA DEMMERS _______________________________ _______________________________ Troy Brown City Manager Linda Demmers Sole Proprietor Attest: _______________________________ Ky Spangler City Clerk 673 Amendment No. 1 to Agreement between City of Moorpark and Linda Demmers Page 3 EXHIBIT D ADDITIONAL SERVICES – SCHEMATIC DESIGN The following additional services are added to the Scope of Services under Conceptual and Schematic Design Review: HRS Additional NTE Fee Schematic design review following library re-design 42.72 $5,340 All other design phases shall remain the same, as noted in Exhibit C. New Contract NTE shall be $55,840 674