The URL can be used to link to this page

Home My WebLink About9/5/2007 - STAFF REPORTS - 2.S. O� pALM s'�P .. t V V+ w a e T e•"•MiaT� F010A City Council Staff Report DATE: September 5, 2007 CONSENT AGENDA SUBJECT: AMENDMENT NO. 2 TO AGREEMENT NO. A5119 WITH LSA ASSOCIATES, INC, IN THE AMOUNT OF $22,500.00 FOR ADDITIONAL PROFESSIONAL SERVICES AND REIMBURSABLES FOR THE COMPLETION OF A JOINT ENVIRONMENTAL IMPACT REPORT FOR THE BOULDERS PROJECT 5.0973 AND CRESCENDO PROJECT 5.0996 AND TTM 31766 ORIGINALLY APPROVED BY THE PALM SPRINGS CITY COUNCIL ON JUNE 15, 2005. FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY Staff is requesting that Council approve Amendment No. 2 for$22,500.00 that represents additional professional services and reimbursables payable to LSA Associates, Inc.forthe completion of a Joint Environmental Impact Report for the Boulders Project 5.0973 a Planned Development to subdivide 31 acres and build 54 single-family homes on Chino Canyon road between Via Escuela, Chino Canyon Road, Leonard Road, and Milo Drive; and "CRESCENDO" Project 5.0996 and TTM 31766, a Planned Development of 42.2 acres to build 85 single-family homes at West Racquet Club, Tramway Road, and Vista Grande which contract Council approved on June 15, 2005 in the amount of$117,000.00. The total contract amount, including this Amendment No. 2, totals $156,500.00.00. All funds have been received from the developer and are being held in the Developer Depository account. RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A5119 with LSA Associates, Inc. in the amount of$22,500.00, for a total contract price of $156,500,00, for additional professional services for the preparation of and responses to comments of a joint Environmental Impact Report for Projects 5.0973, 5.0996, and TTM 31766, 2) Authorize the City Managerto execute all necessary documents in a form acceptable to the City Attorney, ITEM NO.1J �— City Council Staff Report September 5, 2007—Page 2 of 2 Boulders and Crescendo Amendment#2 STAFF ANALYSIS The City has received all funds from the developer and this Amendment #2 of $22,500.00 will complete the contract and allow the City to pay LSA Associates, Inc. FISCAL IMPACT: There is no fiscal impact to the City as the applicant has paid all funds to the City for this project. Ig ing C Thomas J. Wi , Assistant City Manager Director of Pla In ervices Develop men ervices David H. Ready City Manager Attachments: 1. Amendment No. 2 000002 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT (A5119) AMENDMENT No. 2 FOR: ADDITIONAL ENVIRONMENTAL SERVICES for Wessman Development's Boulders (5.0973) and Crescendo (5,0996) Projects THIS CONTRACT SERVICES AMENDMENT#2 (herein"Amendment#2"), is made and entered into this 2007, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and LSA ASSOCIATES, INC. (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR—Amendment#2 1.1 Scope of Services. In compliance with all terms and conditions of this Amendment#2 to the original Agreement A 5119 dated August 16, 2005, the Contractor shall provide those services specified in the"Scope of Additional Services"attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the"services"or"work" hereunder. As a material inducement to the City entering into this Amendment#2 to the original Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of the original Agreement and this Amendment#2, the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 12 Contractor's Proposal- The Scope of Additional Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Amendment #2, the terms of the original Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder have been provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, and all services of this Agreement/Contract have been completed in accordance with all terms and conditions outlined in the original Agreement. 1.4 Additional Services. Contract warrants that all additional services of this Amendment #2 have been fulfilled and completed as specified in the Additional Services for the Boulders and Crescendo Projects. (Exhibit "A"). 000003 2.0 COMPENSATION —AMENDMENT #2 2.1 Contract Sum. For the services rendered pursuant to this Amendment #2 to the original Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation"attached hereto as Exhibit"A"and incorporated herein by this reference, but not exceeding the maximum Amendment #2 amount of TWENTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($22,500.00) herein "Contract Sum")_ All funds have been paid to the City of Palm Springs by Wessman Development Corp and are being held on deposit pending approval of this Amendment#2. IN WITNESS WHEREOF,the parties have executed and entered into this Amendments#2 to the original Agreement A5119 dated August 16, 2005 as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk David H. Ready City Manager APPROVED AS TO FORM By City Attorney 000054 5.0973 Boulders—5.0996 Crescendo—LSA Amendment#2 Page 2 of 4 CONTRACTOR: LSA Associates, Inc. Check One: 901 East Tahquitz Canyon Way _Individual_Partnership_Corporation Palm Springs, CA 92262 Corporations require two notarized signatures,one from A and one from B: A.Chairman of Board, President, or any Vice President: and B Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer), By: By: Signature (notarized) Signature (notarized) Name: Name. Title: Title: Address: Address, State of�� State of } County of }ss County of ..............)ss On before me, On before me personally personally appeared appeared personally known to me (or proved to me on the personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within whose name(s) is/are subscribed to the within instrument and acknowledged to me that instrument and acknowledged to me that he/she/they executed the same in his/her/their he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the signa(ure(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, entity upon behalf of which the person(s) acted, executed the instrument, executed the instrument. WITNESS my hand and official seal WITNESS my hand and official seal. Notary Notary Signature: Signature. Notary Seal: Notary Seal: ooaa �� 5.0973 Boulders—5.0996 Crescendo—LSA Amendment##2 Page 3 of 4 EXHIBIT "A" —AMENDMENT#2 SCOPE OF ADDITIONAL. SERVICES AND SCHEDULE OF COSTS Consultant has completed the services outlined in the original Agreement/Contract A5119 and the additional Services outlined in Amendment#1 and Amendment#2(outlined below) for the Boulders (5.0973) and Crescendo (5.0996) projects. Client agrees to compensate Consultant for such services as shown below once this Amendment#2 is approved by Council. All Contract and Amendment fees have been paid by the project developer. Additional Services Performed: TASKS —Amendment#2 AMOUNT 1. Prepare Responses to Comments on Supplement $10,000.00 2. Update Response and Final EIR to reflect project S 5,500.00 changes 3. Prepare Updated Air Quality Study Based upon $ 7,000.00 revised project plans and updates Total $22,500.00 Task 1 Summary. Prepared responses to approximately 70 new comments from four individuals and organizations. Task 2 Summary: Updated FEIR and Responses to Comments to reflect changes in updated grading plan prepared by applicant. Task 3 Summary: Prepared updated air Quality technical analyses and EIR sections based upon: (1)changes in project plans; (2)updates to Air Quality regulations since publication of the DEIR. 5.0973 Boulders—5.0996 Crescendo—LSA Amendment#2 Page 4 of 4 BOULDERS/CRESCENDO BUDGET AUGMENT#3: Task Amount 1. Pre axc Responses to Cormnems on Supplement $10,000 2.Update Responses and Final hI P to reflect project $,5,500 chan^cs 3. Prepare Updated Air Quality Study Based upon $7000 revised prnlcct plans and updated Total 522,500 Task I Summary Prepare response~ to approximately 70 new continents from four individuals and organizations. Task 2 Summary: Update PE1R and Responses to C:onnncnts to reflect changes reflected in updated grading plan prepared by the applicant. Task 3 Summary: Ptepate updated Air Quality technical analyses and EIR sections based upon 1) changes in project plans, 2) updates to Air Quality regulations since publication orthe DPIP. 900037