2021-22 Converse Consultants Amendment 1 - On-Call Materials TestingMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
-XQH
May 14, 2021
Jon McMillen, City Manager
Carley Escarrega, Management Assistant
Converse Consultants Amendment no. 1 for On-Call Materials Testing Services
April 20, 2021 (C8)
✔401-0000-60108
07/01/2019 06/30/2022
200,000 (Total FY 20/21)
On File in LF 5/14/2021
LIC-762892 7/31/2021
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
WITH CONVERSE CONSULTANTS
This Amendment No. 1 ("Amendment No. 1") to Agreement for Contract
Services (“Agreement”) with Converse Consultants is made and entered into
as of the 20th day of April, 2021 ("Effective Date") by and between the CITY
OF LA QUINTA ("City"), a California municipal corporation and Converse
Consultants, a California Corporation (“Contracting Party”).
RECITALS
WHEREAS, on or about July 1, 2019, the City and Contracting Party
entered into an Agreement to provide On-Call Materials Testing Services. The
term of the Agreement expires on June 30, 2022; and
WHEREAS, the City and Contracting Party mutually agree to amend
Section 2.1 Contract Sum of the Agreement for a total not to exceed amount
of $200,000 for fiscal year 2020/21.
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:
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to
exceed Two Hundred Thousand Dollars ($200,000) for fiscal year
2020/21; all other fiscal years shall not exceed One Hundred Fifty
Thousand Dollars ($150,000); and, for the life of the Agreement,
encompassing the initial and any extended terms (the “Contract
Sum”), except as provided in Section 1.7.
2. “Exhibit B” – Schedule of Compensation is amended as listed in
“Exhibit B”, attached hereto and incorporated by this reference.
In all other respects, the Original Agreement shall remain in effect.
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 Two Hundred
Thousand Dollar ($200,000.00) for fiscal year 2020/21, all other fiscal years
shall not exceed One Hundred Fifty Thousand Dollars ($150,000); and, 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 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 (FY2019/20): $150,000.00
“Not to exceed” Year 2 (FY2020/21): $200,000.00
“Not to exceed” Year 3 (FY2021/22): $150,000.00
Possible Extended Term:
“Not to exceed” Year 4 (FY2022/23): $150,000.00
“Not to exceed” Year 5 (FY2023/24): $150,000.00
City of La Quinta
CITY COUNCIL MEETING: April 20, 2021
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENTS NO. 1 TO AGREEMENTS FOR
CONTRACT SERVICES WITH EARTH SYSTEMS PACIFIC AND CONVERSE
CONSULTANTS FOR ON-CALL MATERIALS TESTING SERVICES
RECOMMENDATION
Approve Amendments No. 1 to Agreements for Contract Services with Earth
Systems Pacific and Converse Consultants for on-call materials testing services;
authorize the City Manager to execute the amendments.
EXECUTIVE SUMMARY
•Materials testing services is often needed for construction projects and
requires a laboratory and skilled specialists.
•In 2019 Staff solicited proposals for these services from qualified
contractors; Earth Systems Pacific and Converse Consultants were
qualified contractors to provide these services.
•Multiple public works and capital improvement projects have required
materials testing services and utilized most of the existing $150,000
contract authority for this fiscal year.
•Each agreement would be amended for an amount not to exceed
$200,000 for this fiscal year, which provides the flexibility to use one or
both firms depending on work demand.
FISCAL IMPACT
Funds are available in the 2020/21 Capital Improvement Project (CIP) technical
account for these services (401-0000-60108). The revised total amount
budgeted would increase from $150,000 to $200,000 for these services; Staff
cannot exceed the $200,000 budget without Council approval.
BACKGROUND/ANALYSIS
In May 2019, the City received eight proposals to an on-call materials testing
services request for proposals. Staff reviewed the proposals and both Earth
Systems, Inc. and Converse Consultants were selected as the top ranked
CONSENT CALENDAR ITEM NO. 3
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firms; Earth Systems, Inc. and Converse Consultants were the most cost
effective and qualified firms.
The contract authority would allow Staff to utilize either consultant for the full
“not to exceed” budget of $200,000; the monthly invoices would be tracked to
ensure that the $200,000 annual budget for these services is not exceeded.
Staff requests this flexibility to allow the use of one firm when the other firm
cannot respond due to prior commitments.
ALTERNATIVES
Council could elect not to approve one or both amendments.
Prepared by: Carley Escarrega, Management Assistant
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachments: 1.Amendment No. 1 with Earth Systems Pacific
2.Amendment No. 1 with Converse Consultants
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