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�q`,F°R City Council Staff Re ort
Date: September 8, 2010 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT WITH EBERHART/UNITED CONSULTANTS
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
On January 22, 2008, the City Manager approved an agreement in the amount of
$20,000 with Eberhart/United Consultants, Inc., to provide geotechnical services to the
City related to peer review of an earthquake fault study of property proposed for
development in Palm Springs. Amendment No. 1 to the Agreement increases the total
compensation to $30,000.
RECOMMENDATION:
1) Approve Amendment No. 1 to Agreement No. 5601, with Eberhart/United
Consultants, Inc. in the amount of$10,000; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On January 22, 2008, the City Manager approved Agreement No. 5601, a Contract
Services Agreement with Eberhart/United Consultants, Inc., to provide the services of a
professional geotechnical firm to provide professional third party peer review of a
seismic investigation and study "Fault Investigation, Garnet Hill Property, City of Palm
Springs, California," currently in progress by Leighton and Associates, Inc. This study
was required to identify and confirm the existence of the Garnet Hill seismic fault
located on property east of Garnet Hill, south of Interstate 10, and north of the Union
Pacific Railroad.
The City does not have on staff appropriately licensed geotechnical engineers to review
the seismic investigation and study. Therefore, the City required the developer to
finance the City's costs to retain a professional geologist to review the developer's
seismic investigation to confirm their findings. The original scope and fee for the peer
ITEM NO. � --
City Council Staff Report
September 8, 2010 - Page 2
Amendment No. 1 to Agreement No. 5601
review of their study was $20,000; however, additional extensive investigations were
required as the original excavations failed to find any evidence of a seismic fault as was
indicated on various maps and reports for the area. Ultimately, the seismic investigation
and study has determined that there is no seismic fault in that area, allowing the
property to be developed without the need for specific offsets from any mapped fault.
The City's consultant required additional fees to review and coordinate the final study.
The developer has submitted the required deposit to cover the additional fees, and
Amendment No. 1 will allow the seismic investigation and study to be reviewed and
completed for the City's use in the environmental analysis of development of the site.
FISCAL IMPACT:
All costs have been paid for by the owner of the property. Sufficient funds are in
account 160-4517-60135.
SUBMITTED:
Prepared by: Recommended by:
/]L�&� XL
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
E
Thomas J. Wils , Asst. City Manager David H. Ready, Ci er
Attachments:
1. Amendment No. 1 to Agreement No. 5601
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 5601
WITH EBERHART/UNITED CONSULTANTS, INC.
GEOTECHNICAL SERVICES
GARNET HILL EARTHQUAKE FAULT STUDY, THIRD PARTY REVIEW
This Amendment No. 1 to the Contract Service Agreement with Eberhart/United
Consultants, Inc., a California corporation (Agreement No. 5601), approved by the City Manager
on January 22, 2008, is made and entered into this day of , 20�, by
and between the City of Palm Springs, a California charter city (hereinafter "City") and
Eberhart/United Consultants, Inc., (hereinafter"Consultant").
RECITALS
Whereas, the City and Consultant now desire to extend the term of Agreement No. 5601
and to provide additional compensation for the requested scope of work.
The recital above is incorporated herein by reference and the following articles of
Agreement No. 5601 are hereby amended to read as follows:
1. SECTION 3.1 The maximum contract amount is amended to Thirty Thousand Dollars
($30,000.00).
2. SCOPE OF SERVICES Exhibit "A" — Exhibit "A," the Scope of Services shall be amended
to add the following statement:
The services provided herein shall be completed upon the submittal of a report outlining the
third-party review of the Garnet Hill Earthquake Fault Study, and its review and approval by
the City Engineer.
3. Except as specifically amended by this Amendment No. 1, all terms and provisions of
Agreement No. 5601 remain in full force and effect.
Purchase Order Number(s): 0000656
Agreement Number: 5601
Original MO Number: N/A
City Manager Approval: January 22, 2008
Original Contract Amount: $ 20,000.00
Amount of Increase: $ 10,000.00
Amended Total: $ 30,000.00
[SIGNATURES ON NEXT PAGE]
Agreement No. 5601
Amendment No. 1
Page 2
ATTEST: CITY OF PALM SPRINGS,
a California charter city
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual—PartnershipA-Corporation
Corporations require two notarized signatures: One signature must be fr the Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant 4Asst
urer, Assistant Treasurer, or Chief
Financial Officer).
By: �,_�Z
By:
Notarized Signature of Chairman of Board, otar Secretary,Asst Secretary,
President or any Vice President T easurrer or Chief Financial Officer
Name: m Name:
Title: Title:
State of CAkI�Orn LO�, State of eArk 6MLCA_
County of County of
Ono' 3U,0- fore me,TVXM On��O&fore me�VG1.f<'.1..1 PWQq�
personally appeared personally appeared
who proved to me on the basis of satisfactory evidence who proved to me on the basis of satisfactory evidence
to be the person(&)whose name(s) is/am subscribed to to be the personM whose name(s) is/am subscribed to
the within instrument and acknowledged to me that the within instrument and acknowledged to me that
he/skeftAW executed the same in his/heFAheiF he/sheAu y executed the same in his/her"r
authorized capacity(ies&), and that by his/bentieir authorized capacity(ies), and that by his/ W--
signatures(c} on the instrument the person(a} or the signatures(e) on the instrument the person(4 , or the
entity upon behalf of which the person(s) acted, entity upon behalf of which the person(c) acted,
executed the instrument. executed the instrument.
I certify under PENALTY OF PERJURY under the laws I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is of the State of California that the foregoing paragraph is
true and correct. true and correct.
WITNESS my hand nd official seal. WITNESS my jhandnd official seal.
Notary Signatu Notary Signatur
Notary Seal: Notary Seal:
T;; TRACY MOOPER� TRACY HOOFER
_Qo,yNot:ry
Commission# 1676238 _ Commission# 1676238
Public-California Notary Public-California
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