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Home My WebLink About9/3/2008 - STAFF REPORTS - 2.J. O4 PALM SA,P 4 u' M i 011011AY1�, ,FOPN�� City Council Staff Report DATE: September 3, 2008 CONSENT AGENDA SUBJECT: APPROVING AMENDMENT #1 TO TERRA NOVA PLANNING & RESEARCH CONTRACT AGREEMENT NO. A5546 IN THE AMOUNT OF $34,450.00 FOR ADDITIONAL FOCUSED ENTITLEMENT AND PLANNING SERVICES REQUIRED TO COMPLETE THE TERRA NOVA CONTRACT FOR "THE TRAILS" PROJECT 5.1165, NOT TO EXCEED $97,910.00. FROM: David H. Ready, City Manager BY: Planning Services Department SUMMARY Staff is requesting that the Council approve a $34,450.00 Amendment #1 for additional Focused Entitlement and Planning Services required to complete Contract Agreement No. A5546 that Council originally approved on September 5, 2007. Approval of this$34,450.00 Amendment#1 to the original Contract Agreement with Terra Nova Planning & Research, Inc. will increase the total Contract Agreement to $97,910.00. The applicant has paid the original Contract Agreement in full and has deposited all funds to coverthis Amendment#1. RECOMMENDATION: 1) Approve Amendment#1 to Contract Agreement No. A5546 with Terra Nova Planning and Research, Inc. Inc. for additional Focused Entitlement and Planning Services for"The Trails", Project 5.1165-PD-344 not to exceed $97,910.00. 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. ITEM NO. STAFF ANALYSIS: The Trails at Palm Springs, LLC. filed an application with the City for the proposed "The Trails Project No. 5.1165-PD-344 fora planned development district at the northwest corner of South Palm Canyon Drive and Mesquite Avenue. The project is situated within the City of Palm Springs, California. The original Focused Entitlement and Planning Services of Terra Nova Planning & Research, Inc. required a Contract Agreement for$63,460.00 that was paid to the City by The Trails at Palm Springs, LLC, under a separate Reimbursement Agreement. The original Scope of Work estimated the analysis of eight (8) intersections for the traffic study, however, the City Engineer required the analysis of 33 intersections to complete the traffic study for The Trails project. This additional work, coupled with the change to a more expeditious traffic engineering firm, resulted in additional costs of $34,450.00, therefore, requiring Amendment##1 to Contract Agreement No. A5546 for a total of$97,910.00. The City has received a proposal from Terra Nova Planning & Research, Inc. (copy attached) for the provision of these additional services for The Trails project. Staff is recommending that the Council approve Amendment#1 to the Terra Nova Planning & Research, Inc. Contract Agreement No. A5546 originally approved by Council on September 6, 2007. FISCAL IMPACT: There is no fiscal impact to the City as the applicant has deposited the funds with the City for all costs involved in this project. l f Crate EM g, Direc)o`of Planning Services Thomas J.Wilsydn,Assistant City Manager— Development Services David H. Ready, Esq. P y Manager Attachments: 1. Terra Nova Planning & Research, Inc. Amendment#1 Proposal Page 2 of 2 32 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT—Amendment #1 FOR: Additional Focused Entitlement Services for The Trails at Palm Springs, LLC Project No. 5.1165 — PD-344 THIS AMENDMENT #1 to CONTRACT SERVICES AGREEMENT A5586 (herein "Amendment#1"), is made and entered into on 2008, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and TERRA NOVA PLANNING & RESEARCH, INC. (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 ADDITIONAL SERVICES OF CONTRACTOR 1.1 Scope of Additional Services. In compliance with all terms and conditions of the original Contract Agreement A5546 dated November 7, 2007 and this Amendment#1, the Contractor declares that all services have been provided as specified in the original Contract Agreement. Additional Services, as outlined in the "Additional Services for The Trails at Palm Springs, Project 5.1165-PD-344 attached hereto as Exhibit "A", are required to complete the Focused Entitlement Services. 12 Contractor's Proposal. The Scope of Additional Services shall include the Contractor's proposal or bid which is incorporated by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Amendment #1, the terms of the original Contract Agreement A5546 shall govern. 1.3 Compliance with Law. Stipulated in the original Contract Agreement. 1.4 Additional Services. Contractors warrants that all additional services of this Amendment#1 will be fulfilled and completed as specified in the Additional Services for The Trails at Palm Springs, project 5.1165-PD-344 (Exhibit "A"). 2.0 COMPENSATION 2.1 Contract Sum. For the additional services rendered pursuant to this Amendment#1 to Agreement,the Contractor shall be compensated in accordance with the "Schedule of Tasks & Compensation" attached hereto as Exhibit "A" and incorporated herein by this reference, but not exceeding the maximum Amendment #1 to Contract AgreementA5546 amount of THIRTY-FOURTHOUSAN❑ FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($34,450.00) FORA TOTAL CONTRACT AGREEMENT OF NINETY- SEVEN THOUSAND, NINE HUNDRED TEN AND NO/100 DOLLARS ($97,910.00) herein "Contract Sum"). 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Amendment#1 to Contract Agreement No. A5546. 3.2 Schedule of Performance. Contractor shall commence the additional services pursuant to this Amendment#1 upon receipt of a written notice from the Contract Officer to proceed and shall perform all additional services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and 5.1165 The Trails—Amendment#1 to Terra Nova Contract A5546 Pagel or 4 �i t; incorporated herein by this reference- When requested by the Contractor, extensions to the time period(s)specified in the Schedule of Performance may be approved in writing by the City's Contract Officer, but not exceeding one yearfrom date of this Amendment#1 to the original Contract Agreement No. A5546. 3-3 Force Majeure. (As specified in the original Contract Agreement No. A5546 dated September 5, 2007.) 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of the original Contract Agreement,this Amendment#1 shall continue in full force and effect until completion of the services but not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "A"). 4.0 COORDINATION OF WORK 4.1 Rep_re_senlative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor: Nicole 5auviat Criste, Principal and Project Manager Terra Nova Planning & Research, Inc. 4.2 Contract Officer. (As specified in the original Agreement dated September 28, 2007.) IT IS HEREBY UNDERSTOOD AND AGREED to by the parties that all other terms and conditions remain in full force and effect as specified in the original Contract Agreement#A5546 dated September 28, 2007. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment#1 to Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation By David H. Ready, Esq. Ph.D. City Manager ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney 5A 165 The Trails—Amendment#1 to Terra Nova Contract A5546 Page 2 or 4 4 CONTRACTOR: Terra Nova Planning & Research, Inc. Check One: 400 South Farrell, Suite B-205 _Individual_Partnership_Corporation Palm Springs, CA 92262 Corporations require two notarized signatures: A. Chairman of Board, President, or any Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By: By: Signature (notarized) Signature (notarized) Name John D. Criste Name: Nicole Sauviat Criste Title: President Title: Vice President Address: 400 South Farrell Suite B-205 Address: 400 South Farrell Suite B-205 Palm Springs, CA 92262 Palm Springs, CA 92262 State of California ) State of California ) County of Riverside ) ss County of Riverside )ss On before me, On before me John D. Criste, personally appeared known to Nicole Sauviat Criste, personally appeared me (or proved to me on the basis of known to me (or proved to me on the basis of satisfactory evidence) to be the person whose satisfactory evidence)to be the person whose name is subscribed to the within instrument name is subscribed to the within instrument and acknowledged to me that he executed the and acknowledged to me that she executed same in his authorized capacity, and that by the same in her authorized capacity, and that his signature on the instrument the person, or by her signature on the instrument the person, the entity upon behalf of which the person or the entity upon behalf of which the person acted, executed the instrument, acted, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Notary Signature: Signature: Notary Seal. Notary Seal: 5.1165 The Trails—Amendment#1 to Terra Nova Contract A5546 Page 3 of 4 RA�. EXHIBIT "A" SCOPE OF ADDITIONAL SERVICES AND COMPENSATION ADDITIONAL SERVICES: The City Engineer required the analysis of 33 intersections for the Traffic Study for the Trails project. The original Contract Agreement estimated the analysis of eight (8) intersections for the traffic study. The additional work, coupled with the change to a more expeditious traffic engineering firm, has resulted in additional costs of$34,450.00. COMPENSATION: City agrees to compensate Contractor for such services as shown below. Contractor completed the work outlined above in accordance with the fee schedule identified below and shall invoice the City as work is completed based on the percentage of completion. Special Tasks as required by the City Engineer: Traffic Study and analysis of 25 additional intersections: $ 34,450.00 (total of 33 intersections studied and analyzed) TOTAL AMENDMENT #1 COSTS $ 34,450.00 5.1165 The Trails—Amendment#1 to Terra Nova Contract A5546 Page 4 of 4 L J TERRA NOVA PLANNING & RESEARCH, INC. February 11, 2003 Mr. Edward Robertson Principal Planner City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 RE: The Trails Focused Entitlement Budbct Amendment Request Dear Edward: As you are aware, the City Engineer required the analysis of 33 intersections for the Traffic Study for the Trails project. As you are also aware, the budget for the traffic study in our original scope estimated the analysis of 8 intersections. The additional work, coupled with the change to a more expeditious traffic engineering firm, has resulted in additional costs of$34,450.00. We therefore respectfiilly request an amendment to our Ibcus entitlement contract in this amount. As you know, the performance of the work was not delayed to assure expedited processing, so we have expended time time. Your prompt acceptance of this budget amendment is therefore appreciated. Sincerely, Nicole Sauviat CrvSte Principal Accepted: Date: 400 SOUTH FARRELL, SUITE P,-205, PALM SPRINGS, CA 92262 760-320-9040