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2020-22 HR Green Pacific Amendment 1 - On-Call PW Dev Plan Check ServicesRevised May 2017 M E M O R A N D U M TO: Jon McMillen, City Manager FROM: Julie Mignogna, Management Analyst DATE: May 27, 2020 RE: Amendment No. 1 with HR Green for On-Call Public Works Development Plan Check to reduce rates through remainder of contract term. Attached for your signature is the Amendment referenced above. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-7002-60183 X Amount of Agreement, Amendment, Change Order, etc.: $0 N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with X no reportable interests in LQ or ____ reportable interests ___ A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: X Approved by the City Council on 7/2/2019 ___ City Manager’s signature authority provided under Resolution No. 2018-014 for budgeted expenditures of $50,000 or less. This expenditure is $____________and authorized by _________[Council, Director, etc] ___ Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on _____________ date) ___ Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC-0110405 Exp. 1/31/21 X A requisition for a Purchase Order has been prepared (amounts over $5,000) X A copy of this Cover Memo has been emailed to Finance (Claudia) AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH HR GREEN PACIFIC This Amendment No. 1 (“Amendment No. 1) to Agreement for Contract Services (“Agreement”) is made and entered into as of the 20th day of May, 2020 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and HR Green Pacific, A Corporation (“Contracting Party”). RECITALS WHEREAS, on or about August 26, 2019, the City and Contracting Party entered into an Agreement to provide On-Call Public Works Development Plan Check Services. The term of the Agreement expires on June 30, 2022; and WHEREAS, Amendment No. 1 will amend the Contracting Party’s rates as identified in Exhibit B, effective May 1, 2020, through the end of the Initial Term of the Agreement, June 30, 2022. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Exhibit B – Schedule of Compensation is amended to read as follows: Plan Check Compensation Rates are amended effective May 1, 2020, through June 30, 2022, as listed in “Exhibit B”, attached hereto and incorporated by this reference. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement for Contract Services on the respective dates set forth below. AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH HR GREEN PACIFIC This Amendment No. 1 (“Amendment No. 1) to Agreement for Contract Services (“Agreement”) is made and entered into as of the 20 th day of May, 2020 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and HR Green Pacific, A Corporation (“Contracting Party”). RECITALS WHEREAS, on or about August 26, 2019, the City and Contracting Party entered into an Agreement to provide On-Call Public Works Development Plan Check Services. The term of the Agreement expires on June 30, 2022; and WHEREAS, Amendment No. 1 will amend the Contracting Party’srates as identified in Exhibit B, effective May 1, 2020, through the end of the Initial Term of the Agreement, June 30, 2022. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Exhibit B – Schedule of Compensation is amended to read as follows: Plan Check Compensation Rates are amended effective May 1, 2020, through June 30, 2022, as listed in “Exhibit B”, attached hereto and incorporated by this reference. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement for Contract Services on the respective dates set forth below. Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Thousand Dollars ($100,000.00)per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $100,000.00 “Not to exceed” Year 2: $100,000.00 “Not to exceed” Year 3: $100,000.00 Possible Extended Term: “Not to exceed” Year 4: $100,000.00 “Not to exceed” Year 5: $100,000.00 Plan Check Compensation: Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation 630 610 560 Exhibit B Page 2 of 2 reports, soils reports & engineer’s cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant receives no additional compensation for travel to and from City Hall. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including Water Quality Management Plans (WQMP) or other engineering reports, shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check: 65% of the Total Plan Check Fee Second Plan Check: 20% of the Total Plan Check Fee Third Plan Check: 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check.