2020-22 NAI Consulting Amendment 1 - CIP Project Mgmt & Engineering ServicesRevised May 2017
M E M O R A N D U M
TO: Jon McMillen, City Manager
FROM: Julie Mignogna, Management Analyst
DATE: June 24, 2020
RE: Amendment No. 1 to Agreement for Contract Services with NAI
Consulting, Inc for On-Call CIP Project Management and Engineering
Services
Attached for your signature is Amendment No. 1 to NAI Consulting Agreement.
Please sign the attached amendment(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: Various CIP Accounts
X Amount of Agreement, Amendment, Change Order, etc.: No change to total contract sum
X A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is on file
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 June 17, 2019
___ City Manager’s signature authority provided under Resolution No. 2019-021 for budgeted
expenditures of $50,000 or less. This expenditure is $___________ and authorized by
Director
___ 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:
___ Insurance certificates as required by the agreement (approved by Risk Manager on
_____________ date)
N/A Performance bonds as required by the agreement (originals)
X City of La Quinta Business License number LIC-0005699 Exp: 4/30/21
X A requisition for a Purchase Order has been prepared (amounts over $5,000)
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
WITH NAI CONSULTING, INC.
This Amendment No. 1 to Agreement for Contract Services
(“Agreement”) with NAI Consulting, Inc. ("Amendment No. 1") is made and
entered into as of the 24th day of June, 2020 ("Effective Date") by and
between the CITY OF LA QUINTA ("City"), a California municipal corporation
and NAI Consulting, Inc. (“Contracting Party”).
RECITALS
WHEREAS, on or about June 27, 2019, the City and Contracting Party
entered into an Agreement to provide those services related to On-Call CIP
Project Management and Engineering Services. The term of the Agreement
expires on June 30, 2022; and
WHEREAS, Amendment No. 1 seeks to provide flexibility for annual
expenditures related to the services provided by Contracting Party within the
total not to exceed Contract Sum in accordance with the Agreement; and
WHEREAS, City and Contracting Party mutually agree to amend Section
2.1 – Contract Sum and “Exhibit B – Schedule of Compensation” of the
Agreement to provide an annual range between Five Hundred Thousand
Dollars ($500,000) and Six Hundred Thousand Dollars ($600,000); and
WHEREAS, all other Terms under the Agreement remain unchanged and
in full force and effect.
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.Section 2.1 – Contract Sum is amended to read as follows:
For the Services rendered pursuant to this Agreement, Consultant shall
be compensated in accordance with “Exhibit B” (the “Schedule of
Compensation”) between Five Hundred Thousand Dollars ($500,000)
and Six Hundred Thousand Dollars ($600,000) per year, in a total
amount of up to, but shall not exceed One Million Six Hundred and
Twenty One Thousand, Five Hundred and Ninety-Six Dollars
“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 between Five Hundred Thousand
Dollars ($500,000) and Six Hundred Thousand Dollars ($600,000) per year,
not to exceed One Million Six Hundred and Twenty One Thousand Five
Hundred and Ninety-Six Dollars ($1,621,596) for the Initial Term and not to
exceed One Million Eighty-one Thousand and Sixty-four Dollars ($1,081,064)
for the possible Extended Term (“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.
Not to Exceed Initial Term Total: $1,621,596.00
Anticipated Annual Cost Breakdown:
$500,000 to $600,000 per year
Not to Exceed Possible Extended Term Total: $1,081,064.00