HomeMy WebLinkAbout4/11/2001 - STAFF REPORTS (3) Amendment#2
to Contract Services Agreement# 4085
with DCM STUDIOS, LTD.
for commission of public art work.
THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(#4085 herein"Agreement", is made and entered this I I" day of April, 2001, by and between the
City of Palm Springs (herein"City"), a municipal corporation, and DCM Studios, Ltd., (herein
"Contractor"), and amends that certain Agreement for contract services dated March 17, 1999,
as amended, between the same parties, as follows:
I. EXHIBIT "A", PROPOSAL/Work Specifications of the Agreement, is hereby
amended to add the following new paragraph E at the end of all text appearing at Exhibit"A"
and immediately following Paragraph D of Exhibit"A", with all remaining provisions of Exhibit
"A"being unchanged and in full force and effect:
E. Contractor shall furnish material and labor for completion of Frances Stevens
Park landcape work in accordance with the specifications below:
1. Prep site as necessary to comply with TKD Associates, Inc. landscape
plans.
2. Install irrigation as per landscape plans for Frances Stevens Park as
proposed by TKD Associates, Inc. .
3. Install all lawn and plants as per landscape plans proposed by TKD
Associates,Inc.
4. All material is guaranteed to be as specified. All work to be
completed in a workmanlike manner according to standard practices. Any
alteration or deviation from specifications shall be executed only upon written
consent of the City and Contractor.
IL EXHIBIT "D",PROGRESS PAYMENTS, is hereby amended as follows:
Paragraph 1. Fee add: "An additional amount not to exceed FIFTY TWO THOUSAND AND
00/100 DOLLARS ($52,000.00) shall be added to the contract amount. This brings the total
contract amount to THREE HUNDRED, TWENTY FOUR THOUSAND AND 00/100
DOLLARS ($324,000.00) (herein"Fee")."
Paragraph 2. Interim Payments: Amend Paragraph 2.3 (e)to include: "and a second additional
amount of FIVE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($5,200.00) which is
10% of the additional $52,000 added to this agreement by Amendment 42."
Paragraph 5. Payment Schedule add: Paragraph 5.4 LandseVine. Payment for this portion of
the Work, in the amount of$52,000 as per Amendment 42 shall be apportioned over a series of
three tasks as follows with ten percent being held back until acceptance by City Council.
Payment shall be make upon satisfactory completion of each task specified.
PaMent Amount Task
5.4a $15,600 Site Prep
5.4b $15,600 Install irrigation
5.4c $15,600 Completion of work
5.4d $ 5,200 Acceptance by City Council
III. Except as expressly amended herein, all terms of the Agreement shall remain
unchanged and in full force and effect
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3 fll
i
627/014084-0001
166091.01 a01130/01
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the
date stated above.
CITY OF PALM SPRINGS
a municipal corporation
ATTEST: By:
City Manager
City Clerk
APPROVED AS TO FORM:
City Attorney
CONTRACTOR
By:
Name:
Title:
By:
Name:
Title:
NOTARY STATEMENT TO BE ATTACHED
627/014084-0001
156091.01 a01/30/01
3M3
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, MAKING A FINDING PURSUANT TO
SECTION 33421.1 OF THE CALIFORNIA HEALTH&SAFETY
CODE RELATING TO THE LANDSCAPE IMPROVEMENTS
BY THE PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY TO EFFECTUATE THE REDEVELOPMENT PLAN
IN THE FORMER NORTH PALM CANYON
REDEVELOPMENT PROJECT AREA (MERGED PROJECT
AREA#1)
----- ------- --
WHEREAS, the City Council of the City of Palm Springs adopted Ordinance No. 1227 on
September 19, 1984, approving and adopting the Redevelopment Plan for the North Palm
Canyon Redevelopment Project which 1984 Redevelopment Plan identified a redevelopment
project area (hereinafter, the "Project Area"); and
WHEREAS, the 1984 Redevelopment Plan was amended by Ordinance No. 1498, adopted
on December 21, 1994; by Ordinance No. 1576, adopted on December 15, 1999 (hereinafter,
the 1999 Plan Amendment); and by Ordinance No. 1584, adopted on May 31, 2000
(hereinafter, the 2000 Plan Amendment); and
WHEREAS, Section 324 of the Redevelopment Plan for the Project Area states that the
Agency is authorized to install and construct, or to cause to be installed and constructed,
within or without the Project Area, for itself or for any public body or entity, for the benefit of
the Project Area, public improvements and public utilities, including, but not limited to, street
and alley improvements and bridges; and
WHEREAS the Community Redevelopment Agency has approved, by resolution, the
landscape improvements in the Project Area in Frances Stevens Park, as furthering the
purposes of the Redevelopment and allowed under Section 324 of the Redevelopment Plan;
and
WHEREAS the Community Redevelopment Agency and the City of Palm Springs have
approved a Reimbursement Agreement that provides for the payment for the installation of
those improvements; and
WHEREAS the California Health & Safety Code Section 33421.1 requires that the legislative
body make a finding that the provision of public improvements such as streets, sidewalks,
utilities, or other public improvements which an owner or operator of the site would otherwise
be obliged to provide is necessary to effectuate the purposes of the Redevelopment Plan.
S3 OB
NOW THEREFORE, it is hereby resolved that the City of Palm Springs, California, does
hereby give its consent and find that the provision of such improvements, including the
financing of the installation of public improvements with tax increment funds are necessary
to effectuate the purposes of the Redevelopment Plan.
ADOPTED this day of , 2001.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk Mayor
REVIEWED AND APPROVED:
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS FOR THE COST
OF LANDSCAPE IMPROVEMENTS IN FRANCES STEVENS
PARK IN THE FORMER NORTH PALM CANYON
REDEVELOPMENT PROJECT AREA (MERGED PROJECT
AREA #1), AND APPROVING AMENDMENT NUMBER 2
WITH DAVID MORRIS FOR THE PURPOSE OF INSTALLING
THOSEIMPROVEMENTS
------------------
WHEREAS, on March 17, 1999, the City Council of the City of Palm Springs approved a
contract (Agreement Number 4085) by Minute Order No. 6355 with David Morris, d/b/a DCM
Studios, for the design and construction of the 'Rainmaker" sculpture/water feature to be
constructed in Frances Stevens Park; and
WHEREAS the Community Redevelopment Agency of the City of Palm Springs approved at
its meeting on April 11, 2001, landscape improvements in Frances Stevens Park adjacent to
the Rainmaker sculpture/water feature, along North Palm Canyon Drive, and to reimburse the
City of Palm Springs for such work.
NOW THEREFORE, be it resolved by the City Council of the City of Palm Springs, California,
as follows:
SECTION 1. That the reimbursement agreement with the Community Redevelopment
Agency, for purpose of landscape improvements in Frances Stevens Park, is
hereby approved.
SECTION 2. That Contract Amendment No. 2 with artist David Morris, d/b/a DCM Studios,
for landscape improvements, in an amount not to exceed $52,000, is hereby
approved.
ADOPTED this day of , 2001.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk Mayor
REVIEWED AND APPROVED:
3C