HomeMy WebLinkAbout5/21/2008 - STAFF REPORTS - 2.F. 04 pA�M S'�P
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City Council Staff Report
DATE: May 21, 2008 CONSENT AGENDA
SUBJECT: AMENDMENT #1 TO LSA CONTRACT AGREEMENT A5583-2 IN THE
AMOUNT OF$5,500.00 FOR ADDITIONAL FOCUSED ENTITLEMENT AND
PLANNING SERVICES REQUIRED TO COMPLETE THE TWO LSA
CONTRACTS FOR THE PALM MOUNTAIN RESORTAND SPA, PROJECT
5.1162-PD-342, NOT TO EXCEED $40,000.00
FROM: David H. Ready, City Manager
BY: Planning Services Department
SUMMARY
Staff is requesting that the Council approve a $5,500.00 Amendment #1 For additional
services required to complete Contract Agreement No. A5583-2 that Council originally
approved on November 14, 2007 in a two-contract set: The two contracts were executed
with LSA Associates to provide Environmental Review and Technical Studies (A5382-1)
and Focused Entitlement Planning Services (A5583-2) for the Palm Mountain Resort
Remodel Project 5.1162-PD-342. Approval of this$5,600.00 Amendment#1 to Agreement
A5583-2 will increase the combined total of the two LSA Associates' contracts to
$40,000.00. The applicant has deposited all funds to cover these two Agreements.
RECOMMENDATION:
1) Approve Amendment #1 to LSA Contract Agreement A5583-2 in the amount of
$5,500.00 for additional Focused Entitlement and Planning Services required to
complete the two LSA contracts for the Palm Mountain Resort and Spa, Project 5.1162-
PD-342, not to exceed $40,000.00 for the two LSA Associates Contract Agreements.
2) Authorize the City Managerto execute all necessary documents in a form acceptable to
the City Attorney.
Page 1 of 2
Item No. 2 . F •
STAFF ANALYSIS:
Palm Mountain Resort and Spa has filed an application with the City for Project No.
5.1162-PD-342 which entails the demolition of certain structures at the Palm Mountain
Resort and Spa and the construction of new structures for the expansion of lodging and
administration functions associated with the resort on the 2.77-acre parcel between
Belardo and Cahuilla Roads south of Tahquitz Canyon Way in the City of Palm Springs,
California-
At its November 14, 2007 meeting, Council approved a two-contract set consisting of:
1) Contract Agreement#A5583-1 in the amount of$14,500.00 for LSA
Associates, Inc-to provide Environmental Review and Technical Studies; and
(2) Contract Agreement#A5583-2 in the amount of$20,000.00 for LSA
Associates to perform Focused Entitlement and Contract Planning Services;
however, additional services in the amount of $5,500.00 are required to
complete the services of Contract Agreement A5583-2, which will now total
$25,500.00.
(3) The total of these two contracts A5583-1 and A5583-2 and Amendment#1 to
A5583-2 with LSA will not exceed $40,000.00.
Staff is recommending that Council approve Amendment#1 to Contract Agreement A5583-
2 for LSA Associates to complete these services-
FISCAL IMPACT:
There is no fiscal impact to the City as the applicant has paid the full amount of both
Agreements involved in this project.
ecFaJ A. E ng Thomas J. Wilsrah, Assistant City
Direstf Planning S rvices Assistant City Manager
David H. Ready
City Manager
Attachments:
1. LSA Associates, Inc. Amendment#1 to Contract Agreement A5583-2
Page 2 of 2
00002r
CITY OF PALM SPRINGS
LSA ASSOCIATES, INC.
CONTRACT SERVICES AGREEMENT#2 —AMENDMENT No. 1
For Additional Services in the Completion of
the Focused Entitlement and Contract Planning Agreement A 5583-2 for
Palm Mountain Resort and Spa, Project 5.1162-PD-342
THIS AMENDMENT #1 TO THE ORIGINAL CONTRACT SERVICES
AGREEMENT #2 (herein "Amendment Agreement #1"), is made and entered into
this 12008, by and between the CITY OF PALM
RI SPNGS, 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
1.1 Scope of Services. In compliance with all terms and conditions
of the original Agreement#A5583-2 dated November 16, 2007 and this Amendment
#1, the Contractor declares that all services have been provided as specified in the
original Agreement and those outlined in the attached "Additional Services for Palm
Mountain Resort and Spa dated April 4, 2008 (attached hereto as Exhibit "A" ) .
12 Contractor's Proposal. The Scope of Service included the
Contractor's proposal or bid which is 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 Agreement, the terms of the original Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder have
been be 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. Contactor warrants that all additional
services of this Amendment No_ 1 have been fulfilled and completed as specified in
the Additional Services for Palm Mountain Resort and Spa Project (Exhibit "A").
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this
Amendment#1 the Contractor shall be compensated in accordance with the
5.1162 Palm Mountain Resort and Spa—LSA Associates,Inc.Amendment#1 to Contract42 Page 1 of 6 0 0 0 0
"Schedule of Compensation"attached hereto as Exhibit"B"and incorporated herein
by this reference, but not exceeding the maximum contract amount of FIVE
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($5,500.111111M) herein
"Contract Sum")- All funds will be paid to the City of Palm Springs by Palm Mountain
Resort and Spa and will be held on deposit pending final billing by Contractor.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the date first written above.
CITY OF PALM SPRINGS
a municipal corporation
By
Craig A. Ewing, Director of Planning
ATTEST:
By: By
City Clerk David H. Ready, City Manager
APPROVED AS TO FORM
By:
City Attorney
5.1162 Palm Mountain Resort and Spa—LSA Associates,Inc.Amendment#1 to Contract#2 Page 2 of 6
CONTRACTOR: LSA ASSOCIATES, INC
Suite B-200 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 California )
State of California
)ss. County of Riverside )
County of Riverside )
On 2008, before me. On 2008, before me,
personally appeared personally appeared
Name(s)of Signer(s) Name(s)of Signer(5)
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s)whose name(s)is/are evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknow- subscribed to the within instrument and acknow-
ledged to me that he/she/they executed the same in [edged to me that 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 signatures(s) on the instrument the his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument. person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the Slate of California that the foregoing
paragraph is true and correct. paragraph Is true and correct.
WITNESS my hand and official seal WITNESS by hand and official seal
Signature of Notary Public Signature of Notary Public
00001
5.1162 Palm Mountain Resort and Spa—LSA Associates,Inc.Amendment IF1 to Contract#2 Page 3 of 6
EXHIBIT "A" —AGREEMENT#2, AMENDMENT#1
SCOPE OF ADDITIONAL WORT( AND SERVICES
AND SCHEDULE OF PERFORMANCE
Contractor has provided the services outlined in the original Agreement/Contract
A53583-2 and the Additional Services outlined in the attached for the Palm Mountain
Resort and Spa, Project 5.1162-PD-342 the redevelop of an existing 55-year old 120-
room hotel into a renovated 194-room two and three-story hotel on 2.8 acres at 155
South Belardo Road, Zone R3, Section 15.
In addition to the previously approved Scope of Work, LSA has completed the
following efforts:
1. Attended One additional Planning Commission Meeting
2. Prepared additional Draft Planning Commission Reports
3. Prepared for meetings/telephone conferences, etc.
4. Performed additional project management time as a result of the project
time period
5. Attended one additional City Council meeting
6. Reviewed and commented on revised site plan
NOTES: The original contract specified two Planning Commission and one City
Council meetings: LSA attended and prepared for three Planning Commission
meetings and two City Council meetings. Through the beginning of April 2008, the
project has extended 7.5 months, including the recent City Council review.
(refer to LSA's Revision dated April 4, 2008
attached and marked
"Exhibit "A" —Agreement#2, Amendment#1)
SM62 Palm Mountain Resort and Spa—LSA Associates,Inc.Amendment#7 to Contr2ct#2 Page 4 of 6
EXHIBIT "A" -AGREEMENT#2, AMENDMENT#7
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January 2l, 2008
Revised March 11, 2008
Revised April 4, 2008
Craig A. Ewing,AICP
Director of Planning Services
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Palm Mountain Resort and Spa Budgci Modification for Focused Entitlement—
Contract Planning Services
Dear Mr. Ewing:
LSA Associates,Inc. (LSA) is providing th is revised budget modification request for the expanded
scope of work associated with the Palm Mountain Resort and Spa. The additional work includes
further work on the focused entitlement:
SCOPE OF ADDITIONAL WORK
LSA will complete the following efforts in addition to the previously approved scope of work;
• Attendance one additional Planning Commission Meetings
• Preparing additional Draft Planning Commission Report
• Preparation for meetings/telephone conferences,etc.
• Additional project management time per the contract language below.
• One additional City Council Meeting
• Review and comment on revised site plait.
The original contract specifies the number of Planning Commission at two and City Council meetings
at one;LSA attended and prepared for three Planning Commission meetings and two City Council
meetings. In addition,the original contract contains the following language:
"Note: this budget assumes that the project will extend no longer than five months. If the project
extends further, then the budget for project management will require adjustment for additional
meetings, monthly dCCU7nentaH0;7, etc.
Through the beginning of April, the project has extended 7.5 months, including the recent City
Council review.
BUDGET
As this project has developed in unexpected directions the budget has expanded to reflect the
changing. At this time, we propose to increase the current budget$5,500 of the original$20,000,
bringing the total to$25,500. We will not exceed this estimate without your prior authorization.
We have enjoyed working on this project.
5,1162 Palm Mountain Resort end Spa—LSA Associates,Inc.Amendment#1 to Contract#2 Page 5 of 6
EXHIBIT "B" —AGREEMENT#2, AMENDMENT#1
SCHEDULE OF COMPENSATION
City agrees to compensate Contractor for such services as shown below, and
Contractor has completed all work outlined in the original Agreement/Contract and
those listed as Additional Services outlined in this Amendment#1 and will invoice
City accordingly.
This project developed in unexpected directions, and the budget expanded to
require $5,500.00 in additional services in order to complete the work described
above. LSA has completed all work and there will be no further services
performed without the written authorization from the Developer and/or the City.
Cost to complete contract and additional services $ 5,500.00
5.1162 Palm Mountain Resort and Spa—LSA Associates,Inc.Amendment#1 to Contract#2 Page 6 of 6 0000118