Title
Herberger Theater and Symphony Hall Theatrical Improvements - Owner's Representative Services - CP20100007 and CP20300036 (Ordinance S-50930)
Description
Request to authorize the City Manager, or his designee, to enter into an agreement with Pfocus, LLC to provide Owner's Representative Services that include review, evaluation, recommendations and construction oversight for the Herberger Theater and Symphony Hall Theatrical Improvements project. Further request to authorize execution of amendments to the agreement as necessary within the Council-approved expenditure authority as provided below, and for the City Controller to disburse all funds related to this item. The fee for services will not exceed $500,000.
Additionally, request to authorize the City Manager, or his designee, to take all action as may be necessary or appropriate and to execute all design and construction agreements, licenses, permits and requests for utility services related to the development, design and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunication, cable television, railroads and other modes of transportation. Further request the City Council to grant an exception to Phoenix City Code 42-20 to authorize inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise should be prohibited by Phoenix City Code 42-18. This authorization excludes any transaction involving an interest in real property.
Report
Summary
The purpose of this project is to perform theatrical improvements that include audio, lighting and mechanical upgrades that will occur simultaneously at the Herberger Theater and Symphony Hall.
Pfocus, LLC’s services include, but are not limited to: acting as Owner's Representative for Phoenix Convention Center Department (PCCD) to review all drawings, submittals, and provide feedback; evaluating and inspecting the installations of all upgrades per designs; providing recommendations to PCCD staff in weekly meetings on upgrades and installations; and providing construction oversight.
Procurement Information
Pfocus, LLC was chosen for this project using a Direct Select process set forth in section 34-103 of the Arizona Revised Statutes. The Direct Select process will reduce the time to procure professional services as opposed to an advertised selection process, meeting the project deadline, ensuring continuity, and the most efficient use of staff and funding resources. With prior experience at the Herberger Theater and Symphony Hall, Pfocus has extensive knowledge and is familiar with the requirements and operations of the PCCD theatrical venues. The expertise and experience Pfocus, LLC can offer is unique and specialized to the operations in theaters and performing arts.
Contract Term
The term of the agreement is five years from the issuance of the Notice to Proceed. Work scope identified and incorporated into the agreement prior to the end of the term may be agreed to by the parties, and work may extend past the termination of the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Pfocus, LLC will not exceed $500,000, including all subconsultant and reimbursable costs.
Funding is available in the Phoenix Convention Center Department's Capital Improvement Program budget. The Budget and Research Department will separately review and approve funding availability prior to execution of any amendments. Payments may be made up to agreement limits for all rendered agreement services, which may extend past the agreement termination.
Location
75 N. 2nd Street, 222 E. Monroe St.
Council District: 7
Department
Responsible Department
This item is submitted by Deputy City Managers John Chan and Alan Stephenson, the Phoenix Convention Center Department and the City Engineer.