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2025-26 IN-SITE Landscape Architecture - Amend 5 - Fritz Burns Park Imps Master Planning Project 2021-02MEMORANDUM CALIFORNIA - DATE: September 2, 2025------------ TO: Jon McMillen,City Manager FROM: Carley Escarrega, Administrative Technician RE: In -Site Landscape Architecture - Amendment no. 5 project no. 2021-02, Fritz Burns Park Improvement Please list the Contracting Party/ Vendor Name, 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 5/3/2022 Business 2 ❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. ❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. ❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must a ❑ Bid IV] RFP ❑ RFQ 1-1 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.: 401-0000-60185-202102-D ❑✓ Agreement term: Start Date July 1, 2025 ❑✓ Amount of Agreement, Amendment, Change Order, etc. End Date $0 June 30, 2026 REMINDER: Signing authorities listed above are applicable on the apprepate Agreement amount, not individual Amendments or Change Orders! ❑✓ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Oscar Mojica (MyCOI); 11/15/2025 EXP Date: 09/02/2025 .❑ NOTE. FVI Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. Lic-770195 Expires: 5/31 /2026 Requisition for a Purchase Order has been prepared (Agreements over $5,000) AMENDMENT NO. 5 TO AGREEMENT FOR CONTRACT SERVICES WITH INSITE LANDSCAPE ARCHITECTURE This Amendment No. 5 ("Amendment 5") to Agreement for Contract Services ("Agreement") is made and entered into as of the 20t" day of May 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and IN -SITE Landscape Architecture, a California Corporation ("Contracting Party"). RECITALS WHEREAS, on or about May 4, 2022, the City and Contracting Party entered into an Agreement to provide Master Planning for Fritz Burns Park Improvement Project No. 2021-02, for a total not to exceed amount of $79,375. The Initial Term of the Agreement expired on June 30, 2023 ("Initial Term"); and WHEREAS, on or about June 27, 2023, the City and Contracting Party executed Amendment No. 1 to the Agreement and mutually agreed to amend Section 3.4, Term, to extend the term of the agreement for one additional two-year term from July 1, 2023, through June 30, 2025 ("Extended Term"); and WHEREAS, on or about September 20, 2023, the City and Contracting Party executed Amendment No. 2 and mutually agreed to amend Section 1.1, Scope of Services, of the Agreement to provide additional services to include preliminary engineering and construction support services and Section 2.1, Contract Sum, of the Agreement and increase the total compensation by an additional amount of $361,235, for a grand total not to exceed amount of $440,610; and WHEREAS, on or about March 28, 2024, the City and Contracting Party executed Amendment No. 3 and mutually agreed to amend Section 1.1, Scope of Services, of the Agreement to provide additional services to include additional engineering design to prepare a water quality management plan, expanded parking lot design, and provide electrical circuit mapping services and Section 2.1, Contract Sum, of the Agreement to increase the total compensation by an additional amount of $20,730, for a grand total not to exceed amount of $461,340; and WHEREAS, on or about May 12, 2025, the City and Contracting Party executed Amendment No. 4 and mutually agreed to amend Section 3.4, Term, to extend the term of the agreement for an additional one-year term from July 1, 2025, through June 30, 2026 ("Extended Terms"); and WHEREAS, City and contracting Party mutually agree to amend Section 1.1, Scope of Services, of the agreement to include pre -construction nesting bird survey and re -engineering of the lap pool stairs as identified in Exhibit A, included in this Amendment No. 5. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: /_1►yil=1kiIQLyil=1ki110 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: Section 1.1 is amended to read as follows: Section 1.1 — Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to the Master Planning for Fritz Burns Park Improvements Project No. 2021-02 as well as pre -construction nesting bird survey and re -engineering of the lap pool stairs, as detailed in "Exhibit A" Scope of Services, attached hereto and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 2. "Exhibit A" — Scope of Services is amended to include the additional services detailed in Exhibit A, attached to this Amendment No. 5, and incorporated herein by this reference. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 5 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation JON Mc EN, City Manager C La Quinta, California Dated: O) )4r ATTEST: Ok MONIKA RADEVA, ity Clerk City of La Quinta, California APPROVED AS TO FORM: rN WILLIAM IHRKE, City Attorney City of La Quinta, California IN -SITE Landscape Architecture Tim Jachlewsk President Dated: 9/2/25 Exhibit A Scope of Services Change Order h00.1 - Pre Construction Nesting, Bird Survey: If vegetation removal and/or other initial ground -disturbing activities (clearing and grubbing, disking, staging of equipment, etc.) will occur between February 1 and September 15 (CVMSHCP 20161), a qualified subconsultant (Dudek) biologist will conduct a nesting bird survey no more than 72 hours (i.e., 3 days) prior to the onset of these activities. The survey would be conducted on foot within the entire project footprint plus an appropriate buffer (100 feet where legally accessible). All suitable nesting bird habitat would be thoroughly surveyed to identify potential nesting behavior (i.e., territorial defense, transport of nesting material or food for young, etc.) and the locations of active nests. Dudek will record all bird species identified on the site during the survey. Following completion of the pre -construction survey, Dudek will prepare a survey memorandum documenting the methods and results of the survey. In the event active nests are observed on site, the memorandum will discuss potential avoidance and minimization measures such as establishing environmentally sensitive areas around the nest location (typically 300 feet for passerines and 500 feet for raptor) to avoid construction -related disturbance or removal of an active nest. The buffer distance of the environmentally sensitive area around the nest may be less than the previously mentioned distances and will be determined by the qualified biologist based upon several factors: the type of expected construction impacts, the ambient disturbance levels, the tolerance of the species for disturbance, and the observed tolerance of the birds at any observed nests. A separate scope of work will be provided should additional surveys, site visits, or monitoring be required as a result of the initial survey. Task 1 Assumptions • The cost of this scope assumes up to 5 acres of potentially suitable habitat will be surveyed. • It is assumed that the survey can be conducted in one person day. • Dudek will provide our proposed survey area to the client and the client will identify access restrictions or notification requirements. The client will notify property owners if necessary. • If any active nests are detected during the survey, the client will be notified immediately via phone or e-mail. • This scope assumes no active nests will be detected. • 'fhis scope of work covers a single survey pass. Should additional surveys be needed due to • construction delays, or should any active nest monitoring be required, a separate scope of work • can be provided upon request. Task 1 Deliverables • Preconstruction Nesting Bird Survey Results Memorandum • Map with active nests and associated GIS shapefiles (if applicable). Compensation: Total Added fees: $4,065.00 Reduce portion of Reimbursable Expenses "B" by $4,065.00-$4,065.00 Services shall be billed on a time -and -materials, not to exceed basis, according to Dudek's 2025 rates plus 10% prime consultant administrative markup. The net fee for the above described services shall be $0.00. Change Order ##003 - POOL STAIRS: Consultant shall revise the construction documents to include re -engineering of the lap pool stairs according to code and the City's request. Compensation: Total Added fees: $4,840.00 Reduce portion of Reimbursable Expenses "B" by $4,840.00-$4,840.00 The net fee for the above described services shall be $0.00.