HomeMy WebLinkAbout5/7/2008 - STAFF REPORTS - 2.G. 04 YAM sp4
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C'4LIFOIL City Council Staff Report
DATE: May 7, 2008 CONSENTAGENDA
SUBJECT: APPROVING AMENDMENT #1 TO AGREEMENT A 5301 WITH
MSA CONSULTING, INC. FOR ADDITIONAL "FOCUSED
ENTITLEMENT " PLANNING SERVICES PROVIDED FOR THE
PALM SPRINGS ART COLONY, A PROPOSED MIXED-USE
RESIDENTIAL AND RETAIL DEVELOPMENT ON 15+ACRES ON
THE SOUTH SIDE OF RACQUET CLUB ROAD BETWEEN NORTH
PALM CANYON DRIVE AND NORTH INDIAN CANYON DRIVE,
(2400 NORTH PALM CANYON DRIVE) PROJECT NO- 5.1113-PD-
329 / 3.2903, IN THE CITY OF PALM SPRINGS.
FROM: David H. Ready, City Manager
BY: Planning Services Department
SUMMARY
Staff is requesting that the Council approve Amendment#1 to Agreement A5301
with MSA Consulting, Inc. for providing the City's Planning Services Department
with additional "Focused Entitlement " Planning Services for the Palm Springs Art
Colony, a proposed mixed-use residential and retail development on 15±acres on
the south side of Racquet Club Road between North Palm Canyon Drive and North
Indian Canyon Drive, (2400 North Palm Canyon Drive) Project No. 5.1113-PD-329/
3.2903, in the City of Palm Springs. The services of MSA Consulting, Inc. did not
exceed $52,823.77, and have been paid to the City by Burnett Development. The
original Agreement A5301 was approved by Council on June 19, 2006.
RECOMMENDATION:
1) Approve Amendment#1 to Agreement A5301 with MSA Consulting, Inc.for
additional "Focused Entitlement and EIR" planning services for "Palm
Springs Art Colony", which Agreement did not exceed $52,823.77.
Item 2 . G .
2) Authorize the City Manager to execute all necessary documents in a form
acceptable to the City Attorney.
STAFF ANALYSIS:
Palm Springs Art Colony fled an application with the City for a proposed mixed-use
residential and retail development on 15+ acres on the south side of Racquet Club
Road between North Palm Canyon Drive and North Indian Canyon Drive, (2400
North Palm Canyon Drive) Project No. 5.11 13-PD-329/3.2903, in the City of Palm
Springs. For the completion of the Focused Entitlement Services, MSA Consulting,
Inc. had to perform additional professional services in the amount of$13,890 09 for
a total Agreement of$52,823.77, which amount has been paid to the City and is on
deposit .
Staff is recommending that the additional services provided by MSA Consulting, Inc.
and payment of the remaining $13,890.09 be approved by Council. The Palm
Springs Ark Colony project has been halted and no further work is being performed.
FISCAL IMPACT:
There is no fiscal impact to the City as the funds are on deposit for final payment for
these services.
A wing, Dir C
r of Planning Services
Thomas J. Wilsgn, Assistant City Manager—
Development Services
David H. Ready, City a
Attachments.
1. MSA Consulting, Inc. Amendment #2 Agreement
Page 2 of 2
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT--AMENDMENT No. 1
For Additional Planning and Entitlement in the Completion of
the Focused Entitlement Services Contract A 5301 for
Palm Springs Art Colony
Project 5,1113-PD-32913,2903
THIS AMENDMENT #1 TO THE ORIGINAL CONTRACT SERVICES
AGREEMENT (herein "Agreement"), is made and entered into this
,2008, by and between the CITY OF PALM SPRINGS,
a municipal corporation, (herein "City") and MSA CONSULTING, 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#A5301 dated June 19, 2006 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 "Authorization for Additional Services"
for the Palm Springs Art Colony Project dated April 2, 2007 (attached hereto as
Exhibit "A" ) ,
12 Contractor's Proposal. The Scope of 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 #1, the terms of the original Agreement shall
govern.
1.3 Compliance with Law. All services rendered hereunder have
been or are being 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 are in the process of completion in accordance with all terms
and conditions outlined in the original Agreement.
1.4 Additional Services. Contactors warrants that all additional
services of this Amendment No. 1 have been fulfilled and completed as specified in
the Additional Services for the Palm Springs Art Colony (Exhibit "A").
2.0 COMPENSATION
5 1113 P.5 Art Colony—MSA Consulting Contract Amendment#1 Page 1 of 5
00@0?3
2.1 Contract Sum. For the services rendered pursuant to this
Amendment No. 1 the Contractor shall be compensated in accordance with the
"Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein
by this reference, but not exceeding the maximum contract amount of THIRTEEN
THOUSAND EIGHT HUNDRED NINETY AND 09/ DOLLARS ($13,890.09) herein
"Contract Sum"). All funds have been paid to the City of Palm Springs by Del Mar
Properties and Burnett Development and are being held on deposit pending approval
of this Amendment.
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
B#rgwind, 'rector of Planning
ATTEST:
By: By:
City Clerk David H. Ready, City Manager
APPROVED AS TO FORM
By:
City Attorney
5.1113 P.S.Art Colony—MSA Consulting Contract Amendment#1 Page 2 of 5
CONTRACTOR: MSA Consulting, Inc. Check One:
34200 Bob Mope Drive _Individual_Partnership_Corporation
Rancho Mirage, CA 92270
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 )
County of Riverside ) ss State of California )
County of Riverside ) ss
On before me,
personally On before me,
appeared known to me(or proved to me on the personally
basis of satisfactory evidence)to be the person appeared known to me(or proved to me on the
whose name is subscribed to the within basis of satisfactory evidence)to be the person
instrument and acknowledged to me that he whose name is subscribed to the within
executed the same in his authorized capacity, instrument and acknowledged to me that he
and that by his signature on the instrument the executed the same in his authorized capacity,
person, or the entity upon behalf of which the and that by his signature on the instrument the
person acted, executed the instrument. person, or the entity upon behalf of which the
person acted, executed the instrument.
IAlITNFCC my hand -nrl nffininl coal
WITNESS my hand and official seal.
Notary Signature:
Notary Signature:
Notary Seal: Notary Seal:
5,1113 PS Art Calory—MSA Consulting Contract Amendment#1 Page 3 of 5
Maas
EXHIBIT "A" —AMENDMENT#1
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
Consultant has completed the services outlined in the original Agreement/Contract
A5301 and the Additional Services outlined in the attached Authorization for Additional
Services Performed for the Palm Springs Art Colony Project 5.1113-PD-329/3.2903 on
the 15 + acre development at the south side of Racquet Club Road and North Palm
Canyon Drive & North Indian Canyon Drive.
Attached Marked Exhibit A— Amendment#1
5.1113 P S.Art Colony—MSA Consulting Contract Amendment#1 Page 4 of 5 �m e
PLANNING ■ CIVIL T-NGtNGERING ■ LAND SURVF,VING
--�U /
AUTHORIZATION FOR ADDITIONAL SERVICE
CLIENT: City of Palm Springs JOB NUMBER: 1821.30 (RFP No. 1716)
ADDRESS: 3200 East Taliquitz Canyon Way DATE REC'D: April 2, 2007
Palm Springs, California 97262 ORDERED BY: Craig A. Ewing, A1CP
FIRM: City of Palm Springs
TELEPHONE: 760-323-8245
ATTN: Craig Ewing c/o Loretta Moffett FAN: 760-322-8360
BILL TO: Same As Above PO NUMBER:
ESTIMATE AMOUNT:
CONTRACT AMOUNT: 513,890.09
Amendment to Contract: No. 5.1113 PD-329 /3.2903 TIME & MATERIALS:
Dated: 06?6?006
PROJECT LOCATION: The Palm Springs Art Colony/Southside of Racquet Club Dr between N. Palm
Canyon Dr & Indian Canyon Dr, Palms Springs (15 +/- acres)
SCOPE OF SERVICES TO BE PROVIDED: Additional Planning & Entitlement Services:
1. Provide additional work related to project complexity and project revisions.
2. Attend Staff/Client meetings (up to 3) as required for the presentation and adoption of the project.
3. Assist City of Palm Springs with the preparation of modifications to the staff report, findings and
resolutions for the City Council.
4. Attend public meetings with the City Council (up to 2) as required for adoption of the project.
REIVIARl1.S: jitis altfltal^17.tt[iOrr request is intenrieri rn iucrvase rite tsrisFirrg cutatr•[lci a»tort�zi ga$23,OD0 to
$38,890.09. We understand that we ivill be receiving a change order for billing-purposes.
MSA CONSULTING, INC. AUTHORIZED BY:
PROJECT MANAGER: Margo M. Thibeault, AICP TITLE:
PREPARED BY: MMT:dv FIRM.
DATE: April 10, 2008 DATE: Gr Z]J G�
PLEAS NOTE: Payinent fah' Professional Services rendered shall he due UPON PRESENTATION OF INVOICE. $kept as
othenvi..se provided by written agreement, a charge.of one and one halfpercent(1.5%)pet month Ivill be added after 30 days from dare
of invoice. Should legal action become necessary to enforce the terrn-s of thm a{reenheut, the prevailing paro, Shall be entitled to
h'easonable attarizuj,'s fees and costs. The proposed A(-reentew, hoth Scone and Fee. contained herein, stall be valid until Map 15,
2008. ALL TF_RNIS AND CONDITIONS OF OUR EXISTLVGAGREEMENT SHALL APPLY.
h roocumem:nuet Wr000:alaJv_C[win�nJdmon,d FE EWA ni n.ip ao
34200 B H T-ToPE DRIVE ® RANCIIn MIRAGE a CALIrORNIA ® 92270
760-320-9811 zi 760-323-7893 rnx ® www_MSACoNsul IINfTNtr_COM AO
EXHIBIT "B" --AMENDMENT#1
SCHEDULE OF COMPENSATION
Client agrees to compensate Consultant for such services as shown below, and
Consultant has completed all work outlined in the original Agreement/Contract and
those listed as Additional Services in accordance with the fee schedule identified
below and has invoiced Client accordingly.
Additional Services performed:
1. Provided additional work related to project complexity and project revisions.
2. Attended staff/client meetings as required for the presentation and adoption of the
project.
3. Assisted the City of Palm springs with preparation of modifications to the staff report,
findings, and resolution for the City Council.
4. Attended public meeting with the City Council as required for the adoption of the
project.
TOTAL ADDITIONAL SERVICES $ 13,890.09
5.1113 P.S.Art Colony—MSA Consulting Contract Amendment 01 Page 5 of 5
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