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HomeMy WebLinkAbout05049 - STANTEC CONSULTING (FORMERLY KEITH COMPANIES) LETTER AGREEMENT ADMINISTRATIVE PLANNING ENVIRONMENTAL REVIEW MONITORING SERVICES DOCUMENT TRACT / �• Page: 1 Report: One Document Detail � .r`�.✓ April 24, 2006 Condition: Document NumberA5049, ,� ��' �3t✓u� l+(i; '�_ Document# Description •ation Date Closed Date A5049 Planning Services - Shadowrock Project Case 5.0609 PD224 TTd... ,,4/2005 Company Name: Stantec Consulting (Keith Companies) Address: Group: CITY MANAGER Service: In File xRef: CITY MANAGER Ins. Status: No Certificate on file. Document Tracking Items: Due Completed Trackina Amount Amount Code Item Description Date Date Date Added Paid sent copy to ACM 03/09/2005 to CM to initial off 03/04/2005 CM approved- under$25k 02/03/2005 END OF REPORT * * * * * * 41r = e � ' @ �•� / J��� ��Og�a 6/0 RECEIVED MAY 1 s 2006 Stantec Consulting Inc. . 73733 Fred Waring Drive Suite 100 Palm Desert CA 92260-2590 1 Tel:(760)346-9844 Fax:(760)346-9368 w t , A0 November 1, 2005 City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Attention: David H. Ready Reference: Contracts for Palm Springs Convention Center, P.O. No. 416653; and Shadowrock-Admin Planning & Monit. Srvcs, Case 5.0609 Please be informed that on September 15, 2005, through a series of mergers, The Keith Companies, Inc ("Keith"), a California corporation, merged into Stantec Consulting Inc. ("Stantec"), an Arizona corporation, with the result that Keith operations will be carried on through Stantec. Stantec will maintain Keith's present office locations with no interruption in operations or client services, and all future projects and operations will be under the Stantec name. Stantec and its affiliates offer knowledge-based solutions for infrastructure and facilities projects through professional services in management, planning, design, and implementation, provided by more than 5,000 employees in over 60 locations, principally in North America. Above all else, Stantec's primary focus is client satisfaction. Accordingly, please be assured that the continuity of your current project will be unaffected by this new arrangement. The personnel currently working on your project will not change, and except for the assignment requested herein, no other aspect will be affected. In this regard, we request your approval to assign the above-noted contract in the name of The Keith Companies, Inc. to Stantec Consulting Inc. Kindly indicate your consent to the request for assignment by returning a duplicate copy of this letter, executed on behalf of City of Palm Springs. Please be informed that we will not be sending out invoices for work completed in September and October j until the middle of November 2005. This hopefully will provide the time to transition as necessary. Enclosed is a revised W-9 form, please update your records accordingly. Sincerely, i i The undersigned here y consents to the assignment of the Contract noted above to Stantec Consulting-- Inc. effective September 15, 2005. ® City of Palm prin ATTEST: tty Clerk (o�P� Ao Wb(,v';Pl;yfl:'i\ i RECEIVED NOV - 2005 wr tip. ! Farm -9 Request for 'taxpayer Give form to the (Rev.January 200m) Identification Number and Certification requester. Do not riernamRev or me ervice send to the IRS. luternal Revenue seance N Name(as shown on your income tax return) m Stanlec Consulting, Inc,succesor in interest to The Keith Companies, Inc. � Business name,if different from above r= 0 w a o Individual/ Exempt from backup Check appropriate box ❑ Sole proprietor ✓❑ Corporation ❑ Partnership ❑ Other li- ----- ---- ---_.. ❑ withholding 0 w Address(number, street,and apt.or suite no.) Requester's name and address(optional) 5` 19 Technology Drive a` o City,state,and ZIP code U a Irvine,Ca 92618 ' w � List account numbers)here(optional) m m Taxpayer Identification Number (TIN) Enter your TIN in the appropriate be.,,.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals,this is your sacral security number(SSN). However, for a resident alien, sole proprietor,or disregarded entity, see the Part I instructions an page 3. For other entities, it is your employer identification number(EIN). If you do not have a number, see How to get a TIN on page 3. or Note.If the account is in more than one name, see the chart on page 4 for guidelines on whose number Employer identification number to enter. 8 16 6 1 8 10 10 17 7 Mr.13 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3 1 am a U S person (including a U.S. resident alien) Certification instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA), and generally, payments other than interest and dividends,you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4) Sign Signature of,S, (�❑ h� O C Here D person I 1 � ��/�IJVIh Date ► Purpose of Form A person who is required to file an information return with the • Any estate (other than a foreign estate) or trust. See IRS, must obtain your correct taxpayer identification number Regulations sections 301.7701-6(a) and 7(a) for additional (TIN) to report, for example, income paid to you, real estate information. transactions, mortgage interest you paid, acquisition or Foreign person. If you are a foreign person, do not use abandonment of secured property. cancellation of debt, or Form W-9. Instead, use the appropriate Form W-8 (see contributions you made to an IRA. Publication 515, Withholding of Tax on Nonresident Aliens U.S. person.Use Form W-9 only if you are a U.S, person and Foreign Entities). (including a resident alien), to provide your correct TIN to the Nonresident alien who becomes a resident alien. person requesting it(the requester) and, when applicable, to: Generally, only a nonresident alien individual may use the 1. Certify that the TIN you are giving is correct (or you are terms of a tax treaty to reduce or eliminate U.S, tax on waiting for a number to be issued), certain types of income. However, most tax treaties contain a 2. Certify that you are not subject to backup withholding, provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to or continue for certain types of income even after the recipient 3. Claim exemption from backup withholding if you are a has otherwise become a U.S. resident alien for tax purposes. U.S. exempt payee. Note.If a requester gives you a form other than Form W-9 to if you are a U.S. resident alien who is retrying on an request your TIN, you must use the requester's form if it is exception contained in the saving clause of a tax treaty to substantially similar to this Form W-9. claim an exemption from U.S. tax on certain types of Income, you must attach a statement to Form W-9 that specifies the For federal tax purposes you are considered a person If you following five items: are: 1. The treaty country. Generally, this must be the same • An individual who is a citizen or resident of the United treaty under which you claimed exemption from tax as a States, nonresident alien. • A partnership, corporation. company, or association 2. The treaty article addressing the income. created or organized in the United States or under the laws of the United States, or 3. The article number (or location) In the tax treaty that contains the saving clause and its exceptions. Cat Ne. 10231X Form W-9 (Rev 1-2085) The Keith Companies Letter Agr Admin Planning Environ Review- Shadowrock PALM 'Y AGREEMENT#5049 of p� CM signed, 2-4-05 N City ®f Palmmm gs } k �o David H. Ready, City Manager RPORPit� 3200 Tuhquaz Canyon Way • Palm 8pnngs,California 92262 FQ TEL (760)323-8201 • FAX:(760)323-8207 •Too (760)864-9527 February 03, 2005 Michael Peroni, Director of Planning The Keith Companies, Incorporated 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 RE: Letter Agreement for Administrative Planning Environmental Review and Monitoring Services Dear Mr. Peroni: It is the intent of this correspondence to establish, by letter agreement (hereinafter "Letter Agreement"), a contractual relationship between your firm (hereinafter "Consultant") and the City of Palm Springs (hereinafter "City") for administrative planning, environmental review and monitoring services related to Case 5.0609 — PD 224 — TTM 28597, also known as Shadowrock (hereinafter "Project"). All services rendered under this Agreement shall be performed in accordance with your proposal, dated January 26, 2005 and attached hereto as Exhibit "A." The City and Consultant both acknowledge that a formal Contract Services Agreement is now being prepared and that until such an agreement is finalized and executed by and between the parties, the provisions of this Letter Agreement shall control. City acknowledges that Consultant has proposed a fixed price of Twenty Thousand Dollars ($20,000) for completing the Project described in Exhibit "A." In no event should Consultant's billings exceed the fixed price without prior written authorization by the City. In the unlikely event that a Contract Services Agreement is not executed, the City agrees to pay for all work actually performed under this Letter Agreement. City shall make payment to Consultant within thirty (30) days after approval by City of an itemized invoice prepared and furnished by Consultant. All invoices submitted for payment shall include a detailed accounting of the services rendered and include a summary of the tasks performed and the total time spent on each task. Parties agree that any amount paid under this Letter Agreement shall be deducted from the final compensation (hereinafter "Contract Sum") paid to Consultant pursuant 10 the Contract Services Agreement that is now being prepared. The City and Consultant both acknowledge their respective duties and responsibilities. As a condition to this agreement, Consultant agrees to maintain at all times throughout the entire term of this Letter Agreement the following policies of insurance: a) Workers' Compensation Insurance. The Consultant shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance, in accordance with the laws of the State of California, for all persons whom Consultant may employ directly or through subcontractors in carrying out the work specified herein. Such insurance shall be maintained in full force and effect during the period covered by this contract. Post Office Box 2743 0 Palm Springs, California 92263-2743 L.Qtter to Michael Peroni February 3, 2005 Page Two b) General Liability Insurance. For all operations of the Consultant or any sub-contractor in performing the work provided for herein, the Consultant shall obtain and maintain in full force and effect throughout the entire term of this Agreement, a broad form comprehensive general liability (occurrence) policy with a minimum limit of One Million Dollars ($1,000,000) aggregate and One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. The insurance shall protect the applicant and the City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operation performed by the applicant, its agents, employees, and/or subgrantees. Copies of the policies or endorsements evidencing the required insurance coverage shall be filed with the City Clerk prior to beginning work, c) Business Automotive Insurance. A policy of comprehensive business automobile liability insurance to be written on a per occurrence basis with a single limit liability in the amount of $500,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. In addition to the coverage described above, Consultant agrees to hold harmless, indemnify, and defend City, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which City, its officers, employees, agents, representatives, and successors- in-interest may incur or be required to pay by reason of any inju�ryy or proer� r ge caused or incurred by Consultant, its employees, subcontractors, or agents in the' )WIo�ianc Midi etter Agreement. The parties intend that Consultant shall perform the services required by this Letter Agreement as an independent Consultant engaged by City and is neither an officer, employee, nor partner of the City. The term of this Agreement is for a period of thirty (30) days commencing February 4, 2005. The City reserves the right to terminate this Letter Agreement by providing a written "Notice of Termination" to Consultant at least five (5) days prior to the date of termination specified in said Notice. However, in no event shall this Letter Agreement remain valid past March 4, 2005, unless otherwise extended by written approval of the City. Should this Letter Agreement be acceptable to you, please sign this letter at the space provided and return the original to this office. A copy of this correspondence will be mailed back to you for your records. I look forward to working with you on this project. If you have any questions or need further clarification , regarding this matter, please contact me at your earliest convenience. " Sincerely, ATTEST: David H. Ready y� ,1' MES THOMPSON, Cit Clerk City Manager / ✓ In Agreement: brUV G' ; is M BY: � 2 -P-7 o ,S Date Attachment: Exhibit"A" Consultant's Proposal �,_ ,��,,:._ , ,�r_ EXHIBIT ""A" e SCOPE OF SERVIcri Ric City of Palm Sprii gs It is assumed that the applicant and the City of Palm Springs will provide all documentation to TKC in a timely manner. It is further assumed that previous documentation is available from the City of Palm Springs in usable word processing formats. I. PLANNING SERVICES A. Preparation of Staff Report TKC will prepare the staff report for the Development Agreement and the Addendum to the Environmental Impact Report dated April 1993. This will include one Staff Report for Planning Commission and one Staff Report for City Council. The report will include project background, updated status, recommendations, conditions of approval, resolutions/ordinances, exhibits and attachments as necessary. Note: Meetings and Coordination will be billed monthly on a time and material basis. Any other requests outside of this task will be prepared under separate authorization. II. PREPARATION OF AN ADDENDUM TO THE APRIL 1993 FEIR TKC will prepare an Addendum to the April 1993 FEIR for processing through the City of Palm Springs the Addendum will be coordinated with the Clients attorney, and appropriate City representatives. It is anticipated that the addendum will be based on using the executive summary of the FEIR, or the findings associated with the FEIR as a basis for comparison of the impacts associated with extending the time constraints on the Development Agreement. The Addendum will describe the status of the project, negotiations with environmental agencies, and bighorn critical habitat changes since the original project approval. Of key note is the elimination of the Indian portion of the project on the western border where enviromnental effects are anticipated to be reduced. It is recommended that the client obtain services of biologist(s) to provide TKC with input validating that the current biological condition is equivalent to the basis of analysis associated with the original FEIR. TKC can not guarantee that the Addendum to the EIR will ultimately be successful. The potential for a higher level of environmental clearance (i.e., supplemental, or subsequent EIR) may be necessary. In any event it is the intent of TKC to prepare an Addendum document (coordinated with the client's legal counsel) that is as supportable as possible given the existing environmental record on the project. The product will be an addenduun ready for reproduction for use by the City of Palm Springs. t I� Consultant Client X.\Proposals\5754 City of Palm Springs-Adman Planning&Mon Svcs\05-01-26 Contract Ex A.doe SCOPE OF SERVICP.�Mj City of Palm Sprii gs Note: Meetings and Coordination associated with the preparation of the addendum will be billed monthly on a time and material basis. Any other requests outside of this task will be prepared render separate authorization. III. ADMINISTRATIVE MITIGATION MONITORING SERVICES The following is an approach to providing mitigation monitoring services for the Shadowrock project. Due to the complexities of the project, it is suggested that TKC be retained on a time and reimbursable basis where the Client authorizes incremental components of work as determined necessary. As the project gets into project development meetings and details of timing and phasing of the project is determined, TKC can provide refinements and timelines to work efforts for Client authorization. TKC can provide site visit monitoring services and administrative monitoring services utilizing its extensive resources including plamlers, engineers, archaeologist, and field supervisors. As the specified needs of the monitoring outlined below come into play TKC can assign the right persomiel to provide planning services. A. Engineering Conditions of Approval TKC will coordinate with the Engineering Division to ensure that the applicant has complied with all Conditions of Approval prior to the issuance of a grading permit. Applicable conditions entail the following: • State permits (Conditions 5 and 12) • Grading plan for Phase I (Conditions 6, 10 and 14A) • Soils report (Condition 16) • Temporary septic system(Condition 17) • Submittal of Final Map within 60 days of rough grading (Conditions 24 and 25) • Improvement plans and hydrologic plans (Condition 34) B. Planning Conditions of Approval TKC will coordinate with the Planning & Building Department to ensure that the applicant has complied with all Conditions of Approval prior to the issuance of a grading permit. Applicable conditions entail the following: • Final Development Plans (Conditions 48A and 48B) • Landscaping, irrigation lighting and fencing plans (Condition 49A) 2 r Consultant Client X:\Proposals\5754 City of Palm Springs-Admen Planning&Mon Svcs\05-01-26 Conn act Ex A doc SCOPE OF SERVUC1100 City of Palm Springs C. Other Department Conditions of Approval TKC will coordinate with applicable departments pertaining to Conditions 93 and 94. D. Mitigation Monitoring Program TKC will review all appropriate plans and coordinate with all applicable parties to ensure the appropriate mitigation measures are in compliance prior to the issuance of a grading permit. Applicable mitigation measures entail the following: • Hydrology: Mitigation Measures 1, 2 and 6 • Groundwater: Mitigation Measure 9 • Biology: Mitigation Measure 9 and 16 (Qualified biologist monitor required under Mitigation Measure 9) • Cultural Resources: Mitigation Measures 2 and 4 • Air Quality: Mitigation Measures 1, 2, 3 and 4 • Noise: Mitigation Measure 11 • Aesthetics: Mitigation Measures 10, 15 and 18 • Wastewater: Mitigation Measure 7 E. Meetings/Coordination/Public Hearings (Not To Exceed) Meetings and Coordination time for administrative services to be charged on a Time & Materials basis according to the attached Fee Schedule. Client authorization will be required attendance of any and all meetings. F. Miscellaneous Support Services TKC will provide a Mitigation Monitoring Program matrix to record and track the process of the Shadowrock development. IV. FIELD COMPLIANCE MITIGATION MONITORING SERVICES A. Mitigation Monitoring Field Services TKC will conduct site visits to ensure that all applicable mitigation measures are in compliance prior to completion of Phase I grading activities. Applicable mitigation measures entail the following: • Hydrology: Mitigation Measure 6 • Groundwater: Mitigation Measure 9 3 L Consultant Client X:\Proposals\5754 City of Palm Springs-Admin Planning&Mon Svcs\05-01-26 Cont act Hx A.doc SCOPE OF SERVICIv�.,•.K� City of Palm Sprill gs • Geology: Mitigation Measures 1, 2, 3, 4, 5, 6, 7 and 8 (Soils Engineer required) • Biology: Mitigation Measures 1, 4, 7, 8 and 9 (Qualified biologist monitor required for Mitigation Measure 9) • Cultural Resources: Mitigation Measures 1 and 3 • Traffic & Circulation: Mitigation Measures 2, 3 and 4 • Air Quality: Mitigation Measures 1 and 2 • Noise: Mitigation Measures 1, 2, 3 4, 5, 6, 7 8 and 13 • Aesthetics: Mitigation Measures 13, 14 and 15 • TKC will provide site visits during grading activities as agreed necessary by the City of Palm Springs to ensure compliance with all applicable conditions of approval and mitigation measures as noted in this scope of services. EXCEPTIONS TO TI3E SCOPE OF SERVICES The above scope of work is predicated upon an understanding of the project. The following list of tasks, which is not intended to be all-inclusive, are expressly not a part of this Scope of Services. TKC would be pleased to submit a proposal, or assist the client in retaining the appropriate subconsultant for the following: • Any work not specifically included within this Scope of Services • Biologist or other professional services requiring professional license and/or certification • Preliminary and final engineering and survey services • Structural calculations • Materials testing • Constriction administration and inspection outside of grading activities • Constriction staking • Geoteclmical services during construction • City application fees • Architectural Design Exhibits/Floor Plans/Elevations • Lighting Plan • Boundary • Landscaping Irrigation Design • Mileage/Reimbursables • Conditions of Approval other than those stated in Revised Conditions of Approval dated December 17, 1997 4 Consultant Client X:\Proposals\5754 City of Palm Springs-Admin Planning&Mon Svcs\05-01-26 Contract Ex A doe SCOPE OF SERVICF�n<c City of Palm Spril gs ESTIMATED FEES I. PLANNING SERVICES A. Staff Reports $ 7,500.00 II. PREPARATION OF ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT B. Addendum Report $ 12,500.00 III.ADMINISTRATIVE MITIGATION MONITORING SERVICES A. Organize Planning, Engineering Conditions and Mitigation Measures T&M IV.FIELD COMPLIANCE MITIGATION MONITORING SERVICES A. Mitigation Monitoring Field Services T&M PROJECT TOTAL $20,000.00 Note: Attendance at meetings will be billed on a time and reimbursable basis subject to Client or Applicant request for attendance, printing and other reimbursables will be billed per attached schedule of fees. 5 Z2- Consultant Client XAProposals\5754 City of Pahn Springs-Admen Planning&Mon Svcs\05-01-26 Contract Ex A.doc EXHIBIT B The Keith Companies, Inc. Palm Desert, California Division FEE SCHEDULE—April 1, 2004 through March 31, 2005 Compensation for work performed on a time and materials basis will be computed as follows: MANAGEMENT Hourly Rate President..............................................................................................................................................$155.00 VicePresident 11.....................................................................................................................................150.00 VicePresident I......................................................................................................................................148.00 DirectorIII..............................................................................................................................................146.00 Director 11, Sr. Project Manager.............................................................................................................138.00 DirectorI................................................................................................................................................130.00 ProjectManager....................................................................................................................................125.00 Assistant Project Manager, Supervisor 11...............................................................................................120.00 SupervisorI............................................................................................................................................110.00 CIVIL ENGINEERING AND MAPPING SERVICES Sr. Project Engineer..............................................................................................................................120.00 Sr. Project Surveyor, Sr. Project Designer............................................................................................115.00 Project Engineer, Project Surveyor........................................................................................................110.00 Project Designer, Sr. Survey Analyst.....................................................................................................105.00 Sr. Designer, Sr. Design Engineer.........................................................................................................102.00 Design Engineer, Designer, Survey Analyst, Processing Manager.......................................................100.00 DesignTechnician...................................................................................................................................90.00 Assistant Engineer, Sr. Technician..........................................................................................................88.00 Technician...............................................................................................................................................82.00 Jr. Survey Analyst....................................................................................................................................80.00 Jr. Engineer.............................................................................................................................................78.00 Jr. Technician, Research/Processing Coordinator..................................................................................75.00 Engineering/Survey Aide—......................................................................................................................55.00 ProjectCoordinator.................................................................................................................... .............50.00 OfficeWork..............................................................................................................................................45.00 CULTURAL RESOURCES PLANNING SERVICES Project Manager/Archaeo&Paleo....................120.00 Principal Planner.................................115.00 Archaeologist, Paleontologist..............................95.00 Sr. Planner..........................................110.00 Field/Lab Supervisor...........................................80.00 Project Planner...................................100.00 Field/Lab Technician III.......................................70.00 Planner.................................................94.00 Field/Lab Technician II........................................65.00 Assistant Planner..................................88.00 Field/Lab Technician I.........................................55.00 Graphic Designer..................................80.00 Planning Technician ................... .. .....75.00 FIELD SURVEY CONSTRUCTION Field Coordinator..............................................100.00 Sr. Construction Mgr...........................106.00 Survey Technician..............................................90.00 Construction Manager..........................90.00 Three Person Crew...........................................215.00 Superintendent.....................................75.00 Two Person Crew.............................................190.00 Laborer.................................................55.00 One Person Crew.—,.......................................165.00 Project Coordinator...............................50.00 Office Work...........................................45.00 SPECIAL SERVICES Consultation Re: Litigation........................................................................................................... .......$375.00 MISCELLANEOUS FEES The following services are billed at our cost plus 15%: • Subcontracted services. • Map check fees or filing fees advanced by us. • Transportation, meals and lodging for overnight travel and incidental travel expenses. • Commercial delivery services, including Federal Express, Express Mail, and Messenger Services. • Excessive long distance telephone calls,telegrams, and other costs directly applicable to the project. • Plotting and blueprint services and printing. (The client is encouraged to arrange for printing, other than prints or plots on our blueprint machine and plotters, to be contracted directly with an outside blueprint company acceptable to us.) MILEAGE .......................................................................................................................................$ .375/mile NOTE:EEO obligations of Exec Order 11246 and 41 CFR Parts 60-1.4,60-250.5 and 60-741.5 are incorporated in non-exem t US Government contracts/subcontracts. TKC Corporate f� DivisJon PresJdent 0191111150\meslc1WoclPLC sCH2OpLE5\I1J Palm Oescrt@OOJ Tcmplcic.Je\ / M E M O R A N D U M TO: Troy Butzlaff Assistant City Manager FROM: Kathie Hart Chief Deputy City Clerk DATE: March 9, 2005 SUBJECT: The Keith Companies A5049 cc: Jay Thompson, City Clerk File Attached is a copy of the above referenced agreement. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. W5 Transmittal The Keith Companiesll � VIA REGULAR MAIL Job No.: P5754 Date: February 25, 2005 Project: Administrative Planning& Monitoring Services To: City of Palm Springs From: Chelle Trexler Atlas: David H. Ready 3 �� 3200 E. Tahquitz Canyon Way U fl) Palm Springs, CA 92262 CC: Pages: 10 (including this sheet)'' - - Re: Fully Executed Contract Enclosed please find the frilly-executed original contract for the project known as Administrative Planning &Monitoring Services. If you have any questions or concerns, please do not hesitate to contact me. Chelle Trexler Contracts Administrator Enclosure 73733 Fred Waring Drive Palm Desert, California 92260 If you have any problems with this fax,please call 760-346-9844 t:760.346.9844 f 760,346,9368 www.keithco,com XlProposalin,754 City of Palm Springs-Admin Planning&Mon Svcs105-02-25 Trans Fully Executed Contracr.doc The Keith Companies, Inc. First Amendment Convention Center Survey AGREEMENT#4862 AMENDMENT NO. 1 MO7523, 7-21-04 TO CONTRACT SERVICES AGREEMENT NO. A4862 - --- - THIS FIRST AMENDMENT to Agreement No. A4862 for contract services, (herein "Agreement") made and entered into on the 19�day of �L�i� -t`�.1 2004, by and between the CITY OF PALM SPRINGS (herein "City") and THE kEITH COMPANIES, INC. (herein "Contractor") is hereby amended effective July 21, 2004, as follows: Section 1. Section 2.1 Contract Sum is hereby amended by increasing the contract maximum amount to one hundred ten thousand Dollars, ($110,000). Section 2. Exhibit"C"Schedule of Compensation is hereby amended by changing the dollar maximum in the first sentence to$110,000 and by deleting the last sentence on extra work and replacing it with the following: "Should additional work be required, after receiving approvals for the extra work from the Contract Admi„istratcr or his author iZed representative for said extra work, compensation shall be on a time and materials basis utilizing the attached The Keith Companies Fee Schedule up to a maximum extra work amount of$35,430. Said $35,430 is included within the Contract Maximum Amount listed in Section 2.1 of this Agreement." Section 3. Due Execution. The person(s)executing this Amendment on behalf of the parties hereto warrant that (i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound top the provisions of the Amendment, and (iv)the entering into this Amendment does not violate any other provision of any other agreement to which said party is bound. Section 4. Full Force and Effect. The parties further agree that , except as specifically provided in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the 4a nday of 2004. y CITY OF PALM SPRINGS, CALIFORNIA RAT-TEST: BY_ r �� City Clerk City Manager' REVIEWED AND APPROVED Cit7,9ttorney F� "Consultant" THE KEIT�MPANIES,IN� es/ f . Nam eat` Title: Pfe°'s,'Jeo•�//�� °ieioV��,.Q Name: D«e,, Title: \�P F-d\)6 d A, c