2022-23 GHD, Inc Amendment 5 - Hwy 111 Corridor Form-Based Code Project 2019-05MEMORANDUM, Qa�tra
DATE: May 15, 2023
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Management Assistant
RE: GHD, Inc. - Amendment No. 5 - provide services related to Highway 111 Corridor Form
Based Code Planning and Engineering Services, Project No. 2019-05.
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 May 2, 2023
F-1_ City Manager's signing authority provided under the City's Purchasing Policy
[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 W-1. RFP F-1 RFQ E_ 3 written informal bids
QSole Source 1:1 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as aoorooriate:
�✓ _ Agreement payment will be charged to Account No.: 401-0000-60185 201905D
❑✓u Agreement term: Start Date September 16, 2020 End Date June 30, 2024
✓ Amount of Agreement, Amendment, Change Order, etc.: $ 15,142 total not to exceed $1,457,653
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: LM: On file in LF Date: 5/16/2023
NOTE;
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
required pursuant FPPC regulation 18701(2)
Business License No. LIC-767986 Expires: 6/30/2023
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
AMENDMENT NO. 5
TO AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC.
This Amendment No. 5 ("Amendment 5") to Agreement for Contract Services
("Agreement") is made and entered into as of the 2nd day of May 2023, ("Effective Date")
by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and
GHD, INC., a corporation ("Contracting Party").
RECITALS
WHEREAS, on or about September 16, 2020, the City and Contracting Party
entered into an Agreement to provide those services related to Highway 111 Corridor
Form Based Code Planning and Engineering Services, Project No. 2019-05, for a total
not to exceed amount of $885,228. The term of the Agreement will expire on June 30,
2023 ("Initial Term"); and
WHEREAS, on or about March 22, 2021, the City and Contracting Party executed
Amendment No. 1 and mutually agreed to amend the following sections of the
Agreement:
• Section 1.1 Scope of Services — to obtain and analyze Street Light Data;
• Section 2.1 Contract Sum — increasing the contract amount by $11,760, resulting
in a new total not to exceed amount of $896,988;
WHEREAS, on or about April 22, 2021, the City and Contracting Party executed
Amendment No. 2 and mutually agreed to amend Section 2.1 Contract Sum "Time
and Materials" assignment and cost allocation, by Task, of Compensation for Services
only, without increasing the not to exceed amount of $896,988; and
WHEREAS, on or about May 21, 2021, the City and Contracting Party mutually
agreed to exercise Section 2.3 Compensation for Additional Services of the
Agreement and include additional property owners and developers meeting services
related to the Highway 111 Corridor project for an additional $4,272 in compensation
in fiscal year 2020/21, amounting to 5% or less of the Contract Sum; and
WHEREAS, on or about December 22, 2021, the City and Contracting Party
executed Amendment No. 3 and mutually agreed to amend the following sections of
the Agreement:
• Section 1.1 Scope of Services — removed Task 3.4, adjust the number of hours
in Tas 0.4 and update Task 4, including 4.0 through 4.8, as outlined in detail in
Exhibit A of Amendment No. 3;
• Section 2.1 Contract Sum — increase compensation by $545,523 for the
additional Scope of Services listed above, for a revised total not to exceed
amount of $1,442,511, as outlined in detail in Exhibit B of Amendment No. 3;
• Section 3.2 Schedule of Performance — amended as outlined in detail in the
project schedule of Exhibit C of Amendment No. 3; and
WHEREAS, on or about July 18, 2022, the City and Contracting Party executed
Amendment No. 4 and mutually agreed to amend the following sections of the
Agreement:
• Section 1.1 Scope of Services — to include additional services as outlined in detail
in Exhibit A of Amendment No. 4
• Section 2.1 Contract Sum — there is no increase in compensation for the
additional services under Amendment No. 4 due to available hours within the
existing scope of work, thus the total not to exceed amount remained at
$1,442,511, as outlined in detail in Exhibit B of Amendment No. 4; and
WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1
— Scope of Services of the Agreement, to add Task 6, Botanist Surveys, as outlined
in detail in enclosed Exhibit A to Amendment No. 5, incorporated herewith by this
reference; and
WHEREAS, Section 2.1 Contract Sum of the Agreement shall be amended as
detailed in Exhibit B of Amendment No. 5, incorporated herewith by this reference, to
include compensation for the additional Scope of Services in the amount of
$15,142,for a revised total not to exceed amount of $1,457,653, for the Term of the
Agreement, encompassing any Initial and Extended Terms; and
WHEREAS, the City and Contracting Party mutually agree to amend section 3.4
Term of the Agreement to extend the contract term through June 30, 2024 "Extended
Term".
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 1.1 Scope of Service is amended to add Task 6, Botanist Surveys as
identified in the attached "Exhibit A", incorporated herewith by this reference.
2. Section 2.1 Schedule of Compensation is amended as outlined in the attached
"Exhibit B," incorporated herewith by this reference, for an additional $15,142,
and for a total not to exceed amount of $1,457,653 for the Term of the
Agreement, encompassing any Initial and Extended Terms.
3. Section 3.4 Term is amended to read:
Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this
Agreement, the Agreement Term shall be extended from July 1, 2023 through
June 30, 2024 ("Extended Term"). The Agreement may be extended for one
(1) additional one (1) year term upon mutual agreement by both parties.
In all other respects, the original Agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment
No. 5 to the Agreement on the respective dates set forth below.
CITY OF LA QUINTA GHD, Inc.
a California municipal corporation Corporati
-Kc"MILLEN, City Manager
of La Quinta, California
Dated:/2023
ATTEST:
MONIKA RADE A, C t Clerk
City of La Quinta, California
APPROVED AS TO FORM:
Ltd. f•�w.��.---�.���
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Todd bgen
Senior Proie M
Dated: 5/5/2023
ger
Exhibit A
Scope of Services
Section 1.1 is amended to add Task 6, Botanist Surveys, in the attached "Exhibit A",
incorporated herewith by this reference.
Project Understanding
The City of La Quinta (City) is proposing a mixed -use development including up to 280 low-income apartment units
along the north side of the parcel, and a commercial development on the south side of the parcel, along Highway
111. As part of the development, Corporate Center Drive would be extended to be continuous and separate the
residential and commercial portions of the project site.
The 280 residential units are proposed to be a mix of 1, 2 and 3 bedrooms and will require approximately 350-375
parking spaces. The average unit would be about 850 SF in area. The residential buildings would be four stories
with the units accessed off of a central interior hallway. Each story would have approximately 62 or 63 units. The
parking spaces would be provided in three levels of parking (two story structure with parking on the roof). Bridges
would be provided to link the 2nd and 3rd levels of parking to the corresponding residential level. The complex
would include common amenities such as a swimming pool, play structures, common areas, operational and
maintenance offices, and trash rooms.
The commercial development would provide an approximate 85,000 square foot large retail building and 15,000
square foot separate drive through building. The sizes and configuration may vary based on the final commercial
establishments.
Scope of Services
As a follow up to the Biological Resources Report prepared by GHD and submitted to the City on March 23, 2023,
the City requested a proposal for botanical surveys. GHD conducted a desktop review of the Project Area and
determined that ten sensitive plant species have suitable habitat and a potential to occur in the Project Area. None
of the plants are state or federally listed as threatened or endangered; however, all ten plants are ranked as rare
by the California Native Plant Society. Eight of these species bloom in April and three of these species bloom in
October -November. GHD will conduct two protocol level surveys to determine the presence of sensitive plant
species. GHD will complete a technical memorandum documenting the surveys with a list of all plant species
observed and all Sensitive Natural Communities (SNCs) present, if any.
Schedule
GHD estimates the following schedule for botanical surveys. An early season survey would be conducted in April
2023, and a late season survey would be conducted in October or November 2023.
Cost Estimate
GHD proposes to provide the services outlined herein for a total of $15,142 (two surveys x $7,571). Additional
services not included in this proposal may be provided on a time -and -materials basis as an amendment to this
scope of work. The cost estimate for the services described herein is provided on the attached spreadsheet.
Staffing
GHD staff anticipated to contribute to the work described herein include:
- Charles Smith, AICP, LEED AP, Project Manager
- Todd Tregenza, AICP, Project Director, QA/QC
- Jane Cipra, Senior Botanist
Project Management
GHD will conduct project management tasks, including management of the technical study budgets, monthly
invoicing, management of subconsultants, and regular coordination with the City. These tasks are included in the
cost estimate for all tasks as presented above.
GHD I City of La Quinta 112593869 1 Proposal for 15-ac Mixed Use Project — Botanical Surveys
Exhibit B
Schedule of Compensation
Pursuant to Section 2.3 of the Agreement the Contracting Party shall receive additional
compensation in the amount of Fifteen Thousand One Hundred and Forty -Two dollars
($15,142.00) for the Additional Services provided herein Amendment No. 5.
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, for any Initial and Extended Terms, is One Million Four Hundred Fifty -
Seven Thousand Six Hundred Fifty -Three Dollars ($1,457,653) ("Contract Sum"). The
Contract Sum shall be paid to Contracting Party in conformance with Section 2.4 of the
Agreement.
CONTRACT SUM
Section 2.1
Contract Sum
Section 2.3
Additional Compensation
5% or less
Agreement
$ 885,228
Amendment 1
$ 11,760
Amendment 2
$0
Memorandum
$0
$4,272
Amendment 3
$ 545,523
Amendment 4
0
Amendment 5
$15,142
TOTAL:
$1,457,653
$4,272
GRAND TOTAL:
$1,461,925
Task 6
Cost Estimate
City of La Quinta / 15-ac Mixed Use Project Botanical Surveys
Date: 04/19/2023
Task 6 Description
GHD
Direct Costs
Total
Fee
Senior
Technical
Director 1
Senior
Technical
Director 3
Prof 1
Prof 2
Admin
Officer 5
Proj Mgr
Proj Dir
Biologist
GIS
Admin
Smith
Tregenza
Cipra
Lopez
Tuon
Hours
Labor Total
Travel
Sub +ODC
Markup
15%
Labor Fee
6%
$289
1 $241
1 $157
1 $135
$117
Task 6.1 -Admin Draft ISIMND
1.1 Admin Draft IS/MND
0
$0
$0
$0
$0
1.2 Air Quality
0
$0
$0
$0
$0
1.3 Biological Resources
0
$0
$0
$0
$0
1.3.1 Botanical Surveys - Spring 2023
2
1
24
4
1
32
$5,244
$1,750
$263
$315
$7,571
1.3.2 Botanical Surveys - Fall 2023
2
1
24
4
1
32
$5,244
$1,750
$263
$315
$7,571
1.4 Cultural Resources
0
$0
$0
$0
$0
1.5 Noise
0
$0
$0
$0
$0
1.6 Trans ortation / VMT
0
$0
$0
$0
$0
Task 1 Subtotal Hours
4
2
48
8
2
64
.. .. ..
.. .. . .. ..
.. ..
..
.. .. .. ..
Task Subtotal Fee
$1156
$482
$7536
$1080
$234,
$10488
$3500
$525
$629
$15142
Task 6.2 - Draft ISIMND
2A Draft IS/MND
0
$0
$0
$0
$0
Task 2 Subtotal Hours
0
0
0
0
0
0
Task 2 Subtotal Fee
$0
$0
$0
$0
$0'
$0
$0
$0
$01
$0
Task 6.3 - Final ISIMND
3.1 Final lS/MND
0 $0
1 $01
$0
$0
Task 3 Subtotal Hoursi
0
10 0 0 0 0
Task 3 Subtotal Fee
$0
$0 $0 $0 $0 1 $0
$0
$0
$0
$0
Task 6.4 - MMRP / NOD
4.1 MMRP / NOD
I
I
I
I
1 0
1 $01
$0
$0
$0
Task 4 Subtotal Hours
0
0
0
0
0
0
Task 4 Subtotal Fee
$
$0
$0
$0
$0'
" ' '
$0 $0
$0
$0
$0
TOTAL HOURS ALL TASKS
4
1 2 1 48 8 2 1 64
CONSENT CALENDAR ITEM NO. 5
City of La Quinta
CITY COUNCIL MEETING: May 2, 2023
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 5 TO AGREEMENT FOR CONTRACT
SERVICES WITH GHD, INC. FOR THE HIGHWAY 111 CORRIDOR PROJECT NO.
2019-05
RECOMMENDATION
Approve Amendment No. 5 to the Agreement for Contract Services with GHD, Inc. to
include botanist surveys as part of the environmental analysis for the Highway 111
Corridor, Project No. 2019-05, in the amount of $15,142; and authorize the City Manager
to execute the amendment.
EXECUTIVE SUMMARY
• The Highway 111 Corridor Project seeks to address connectivity, pedestrian and
bicycle -friendliness, transit, green infrastructure, economic development, and the
retrofitting of the existing suburban fabric.
• In September 2020, the City entered into an Agreement for Contract Services
(Agreement) with GHD, Inc. (GHD) for planning and engineering services to
continue efforts to implement the Highway 111 Corridor Plan (Corridor Plan)
including exploring form -based code zoning and roadway design; several
amendments have been executed to amend the scope of work for the Corridor Plan.
• Amendment No. 5 will revise the scope of services to include two botanical surveys
as part of the current California Environmental Quality Act (CEQA) documentation
task underway.
FISCAL IMPACT
The Capital Improvement Program (CIP) allocated $1 million in fiscal year (FY) 2019/20,
$250,000 in FY 2020/21, $1 million in FY 2021/22, and $1 million in FY 2022/23, for a
total current budget of $3,250,000 for projects to be implemented along Highway 111.
There is sufficient funding in the project budget (401-0000-60185 201905-D) for this
Amendment. The following is the proposed contract sum:
37
Section 2.1
Contract Sum
Section 2.3
Additional Compensation
5% or less
Agreement
$ 885,228
Amendment 1
$ 11,760
Amendment 2*
$0
Memorandum
$0
$4,272
Amendment 3
$ 545,523
Amendment 4*
$0
Amendment 5
$15,142
TOTAL
$1,457,653
$4,272
GRAND TOTAL:
$1,461,925
*Costs were shifted between tasks; none were added.
As of April 1, 2023, $563,775 has been expended.
BACKGROUND/ANALYSIS
The Corridor Plan was developed in 2019 to address connectivity, pedestrian and bicycle -
friendliness, transit, green infrastructure, economic development, and the retrofitting of
the existing suburban fabric. Recommendations for implementation of the Corridor Plan
detail a strategy for improvements, recognizing the dual functions of moving vehicles and
creating a safe, walkable environment and opportunities for future development that will
lead to increased economic competitiveness, neighborhood livability, and sustainability in
La Quinta.
Since the Corridor Plan was developed, further planning and implementation efforts have
been in progress under the current contract with GHD. Several study sessions have been
held with the Council and Planning Commission discussing zoning for the Corridor. In
December 2021, Council authorized the revised scope of work to prepare an overall
Specific Plan (SP) for the entire Corridor. This approach affords a wholistic plan to create
a more cohesive Corridor as is advised in the Corridor Plan.
In September 2020, the City entered into an Agreement with GHD for planning and
engineering services to continue efforts to implement the Corridor Plan including
exploring form -based code zoning and roadway design.
In March 2021, the City and GHD executed Amendment No. 1 to obtain and analyze
Street Light Data to assist with roadway design services.
In April 2021, the City and GHD executed Amendment No. 2 to amend the "Time and
Materials" cost allocation, by Task, of Compensation for Services. Additionally, the scope
of services was amended via a memorandum to include additional property owners and
developers meeting services.
38
In May 2021 additional property owners and developers meeting services related to the
Corridor Plan were included in accordance with Section 2.3 of the Agreement.
In December 2021, the City and GHD executed Amendment No. 3 which initiated Phase
4 with the revised scope including preparation of a Specific Plan for the entire Corridor.
In July 2022, the City and GHD executed Amendment No. 4 which revised the scope of
services to include additional economic development strategy and market research tasks,
and CEQA documentation for the City owned 15-acre mixed -use project site that will be
part of the Highway 111 Corridor demonstration site.
Proposed Amendment No. 5 will allow for two separate botanical surveys as a follow-up
to the initial Biological Resources Report prepared by GHD. These surveys are required
to complete the required CEQA documentation mentioned above.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. GHD Draft Amendment No. 5 to Agreement
39