AgdaPkt 2013-09-23 Closed and Regular

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7.1.C. - Page 1 REPORT To the Honorable Mayor and City Council From the City Manager September 23, 2013 SUBJECT Amendment No. 3 to the Professional Services Agreement with Cultivate LLC for professional planning services related to the Pete's Harbor project. RECOMMENDATION By motion, approve Amendment No. 3 to the Professional Services Agreement with Cultivate LLC in the amount of $40,000 to provide professional planning assistance with the review and processing of entitlements for Pete's Harbor Planned Development and Tentative Map. BACKGROUND On July 23, 2012, the original agreement was executed with Cultivate LLC for professional planning services to provide project management, including review and processing of entitlement permits, environmental review and public outreach, for the Pete's Harbor project. The initial contract amount was $40,000. On November 13, 2012, Amendment No. 1 to the original agreement was executed in the amount of $10,000, pursuant to an appeal of the Planning Commission approval of the original Pete's Harbor project. On June 21, 2013, Amendment No. 2 to the original agreement was executed in the amount of $9,500 for the ongoing review and processing of the project. The overall contract amount, including this amendment, will total $94,500. ANALYSIS Amendment No. 3 provides ongoing professional planning services due to the extended review and processing of the proposed project pursuant to an appeal to the City Council, remand back to the Planning Commission, modification to project design and scope by the Applicant, and unforeseen ownership and lease disputes. ALTERNATIVES Council may choose not to approve the proposed amendment. FISCAL IMPACT The Pete's Harbor project is a cost recovery project, with the Applicant being responsible for all costs associated with the City's review and processing of the