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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
SR 2017-007
January 3, 2017
Consent Agenda
TO:

Honorable Mayor and City Council Members

SUBMITTED BY:

Rob Mullane, Public Works Director

APPROVED BY:

Chip Rerig, City Administrator

SUBJECT:

Consideration of resolutions authorizing the City Administrator to execute amendments


to professional services agreement with Viva International LLC and with Krista
Brassfield for project management assistance for a total not to exceed amount of
$73,000

RECOMMENDATION
1. Adopt a resolution authorizing the City Administrator to execute an amendment in the amount of $37,000 to
the agreement with Viva International LLC (PWD-LLEO-104-16-17) for project management services for the
period of September 14, 2016 through June 30, 2017.
2. Adopt a resolution authorizing the City Administrator to execute an amendment in the amount of $36,000 to
the agreement with Krista Brassfield (PWD-KRISTA-100-16-17) for project management services for the term
of September 14, 2016 through June 30, 2017.
BACKGROUND / SUMMARY
The City utilizes a variety of outside professionals to augment its staffing capacity, especially when positions
are vacant, as well as to provide specialized services to assist with ongoing daily operations. Carmel Municipal
Code 3.12.320 requires Council authorization to enter into contracts of $25,000 or more.
In order to help address the backlog of capital projects and keep momentum on several projects initiated by the
Citys Capital Projects Manager before his unanticipated departure, the City Administrator executed an
agreement with Viva International LLC on September 14, 2016 for an initial contract amount of $22,500. The
owner, Lisa Leo, has begun assessing and procuring contractors to resolve ongoing HVAC related issues at
Harrison Memorial and Park Branch Libraries and providing assistance on other various operational items such
as securing On-Call Tree Service Contractors. It is recommended that an amendment of $37,000 for a new,
not-to-exceed contract amount of $59,500 be executed to enable the consultant to continue assisting the
Public Works Department in completing these various projects as well as assist in various operational activities
and projects. It is recommended that the contractual term, which expired on December 31, 2016, be extended
by six months, or until the end of the fiscal year.
The City Administrator also executed an agreement with Krista Brassfield on September 14, 2016, for an initial
contract amount not to exceed $24,000 for project management assistance. Krista has commenced working on
such projects as the Mission Trail Nature Preserve Mountain View Entrance Project, the Police Department
Renovations Project, the Sunset Center Awning Replacement Project, the San Antonio Landscape
Improvements, and the Beach Fire Devices Project. It is recommended that an amendment of $36,000 for a
new, not-to-exceed contract amount of $60,000, be executed to enable the consultant to assist the Public
Works Department in completing these various capital projects. It is also recommended that the contractual
term be extended for an additional six months through June 30, 2017.

Alternatives: Council may (1) may approve the amendments with the recommended dollar amount; (2) make
changes to the proposed amendments; or (3) not approve the items. If the latter, Council may either: (1) direct
staff to solicit additional proposals for these services or (2) adjust current service levels to provide services
without the use of consultants.
FISCAL IMPACT
The costs associated with services rendered by Viva International LLC and Krista Brassfield will be paid
from the existing adopted budgets of the various capital projects as well as salary savings from the two
budgeted, but vacant, full-time project manager positions.
Contractor

Existing
Contract
Amount

Viva International LLC


Krista Brassfield

$22,500
$24,000

Amount
Spent on
Contract as
of 11/30/16
$9,862.50
$11,968.00

Proposed Contract
Amendment Amount

New Not to
Exceed Amount

$37,000
$36,000

$59,500
$60,000

PRIOR CITY COUNCIL ACTION


N/A
ATTACHMENTS
1. Resolution to Execute an Amendment with Viva International LLC
2. Resolution to Execute an Amendment with Krista Brassfield

ATTACHMENT 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2017-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE


CITY ADMINISTRATOR TO EXECUTE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT PWD-LLEO-104-16-17 WITH VIVA INTERNATIONAL LLC FOR PROJECT MANAGEMENT
ASSISTANCE FOR AN AMENDMENT AMOUNT NOT TO EXCEED $37,000 THROUGH JUNE 30, 2017
WHEREAS, the City of Carmel-by-the Sea has a rigorous capital improvement program and numerous
associated improvement projects are funded in the adopted Fiscal Year 2016-17 Budget; and
WHEREAS, the Public Works Department seeks outside assistance in managing projects due to the
unanticipated departure of the Citys Capital Project Manager, as well as a backlog of projects; and
WHEREAS, the City Administrator executed an agreement with Viva International LLC on September
14, 2016 for project management assistance in an amount not to exceed $24,000; and
WHEREAS, contracts and expenditures exceeding $25,000 require Council approval; and
WHEREAS, the Public Works Department wishes to extend the term of the agreement that currently
expires on December 31, 2016 to June 30, 2017 and increase the dollar amount of the contract by $37,000 in
order to continue to implement the Fiscal Year 2016-2017 identified capital projects and other special
departmental initiatives.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA DOES HEREBY:
Authorize the City Administrator to amend the Professional Services Agreement with Viva
International LLC in the amount of $37,000 for a new not to exceed amount of $59,500 for a
contract term ending June 30, 2017 as shown in the attached Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this
3rd day of January 2017 by the following roll call vote:
AYES:

COUNCILMEMBERS:

NOES:

COUNCILMEMBERS:

ABSENT:

COUNCILMEMBERS:

ABSTAIN:

COUNCILMEMBERS:

SIGNED:

ATTEST:

_______________________
Steve G. Dallas, Mayor

___________________________
Ashlee Wright, City Clerk

Exhibit A
Amendment No. 1 to Agreement
PWD-LLEO-104-16-17
VIVA INTERNATIONAL LLC
1. This amendment (the Amendment) is made by the City of Carmel-by-the-Sea and Viva International
LLC, parties to agreement PWD-LLEO-104-16-17, executed on January 4, 2017.
2. The Agreement is amended as follows:
a. The Term of the Agreement is amended as follows:
The work under this Agreement shall commence on September 14, 2016, and shall terminate on June
30, 2017. The parties may agree to extend or amend this Agreement prior to its expiration.
b. The Compensation of the Agreement is amended to increase by $37,000 as follows:
CITY shall pay CONSULTANT in an amount not to exceed $59,500, which is based on the cost of the
hourly rate of $75.00, and which said sum shall include all costs as presented in the proposal dated
August 28, 2016, and in accordance with this Agreement.
3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and
effect in accordance with its terms. If there is a conflict between this amendment and the Agreement or an
earlier amendment, the terms of this amendment will prevail.
CONSULTANT:

DATE:

________________________
Lisa Leo, Viva International LLC

____________________

CITY:

DATE:

________________________
Chip Rerig, City Administrator

____________________

ATTEST:

DATE:

________________________
Ashlee Wright, City Clerk

____________________

ATTACHMENT 2
RESOLUTION 2017A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NUMBER 1
TO AGREEMENT PWD-KRISTA-100-16-17 WITH KRISTA BRASSFIELD FOR PROJECT
AND CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED
$36,000 WITH AN EXTENDED TERM TO JUNE 30, 2017
WHEREAS, the City of Carmel-by-the Sea has a rigorous capital improvement program
and numerous associated improvement projects are funded in the adopted Fiscal Year 2016-17
Budget; and
WHEREAS, the Public Works Department seeks outside assistance in managing
projects due to the unanticipated departure of the Citys Capital Project Manager, as well as a
backlog of projects; and
WHEREAS, Carmel Municipal Code Section 3.12.140D allows for the dispensation of
the bid requirement when a professional service, such as that available from an attorney,
accountant, architect or specialized consultant, involves a specialized knowledge or personal
skill; and
WHEREAS, the City Administrator entered into an agreement with Krista Brassfield for
project and construction management services for a not to exceed amount of $24,000; and
WHEREAS, the City wishes to allocate additional funding to the consultant in order to
expedite the completion of projects, and contracts of $25,000 or more require Council
authorization.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute Amendment Number 1 to Agreement PWDKRISTA-100-16-17 with Krista Brassfield for project and construction management
services for a not to exceed amount of $36,000 with an extended term to June 30, 2017,
as shown in the attached Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA on this 3rd day of January 2017, by the following roll call vote:

AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

ABSTAIN:

COUNCIL MEMBERS:

SIGNED:

ATTEST:

Steve G. Dallas, MAYOR

Ashlee Wright
City Clerk

Exhibit A
Amendment No. 1 to Agreement
PWD-KRISTA-100-16-17
KRISTA BRASSFIELD
1. This amendment (the Amendment) is made by the City of Carmel-by-the-Sea and Krista
Brassfield, parties to agreement PWD-KRISTA-100-16-17, executed on January 4, 2017.
2. The Agreement is amended as follows:
a. The Term of the Agreement is amended as follows:
The work under this Agreement shall commence on September 14, 2016, and shall
terminate on June 30, 2017. The parties may agree to extend or amend this Agreement
prior to its expiration.
b. The Compensation of the Agreement is amended as follows:
CITY shall pay CONSULTANT in an amount not to exceed $60,000, which
is based on the cost of the hourly rate of $68.00.
Compensation under this Agreement shall become due and payable thirty (30) days
after CITYs approval of CONSULTANTS submission of monthly written invoices.
Written invoices shall clearly itemize each charge. The payment of any compensation to
CONSULTANT hereunder shall be contingent upon performance of the terms and
conditions of this Agreement to the reasonable satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written invoice has not
been performed in accordance with the terms of this Agreement, CITY shall not be
responsible for payment until such time as the work has been performed to the
reasonable satisfaction of the City Administrator.
3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full
force and effect in accordance with its terms. If there is a conflict between this amendment
and the Agreement or an earlier amendment, the terms of this amendment will prevail.
CONSULTANT:

DATE:

________________________
Krista Brassfield

____________________

CITY:

DATE:

________________________
Chip Rerig, City Administrator

____________________

ATTEST:

DATE:

________________________
Ashlee Wright, City Clerk

____________________