HomeMy WebLinkAboutItem No. 07 Amend to Agrmnt David Evans and Assoc.City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-167
Agenda Date: 5/28/2019 Status: PassedVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 7)
Amendment to the Agreement for David Evans and Associates, Inc. for Landscape Architectural
Services
Approve Amendment No. 1 to the Agreement for Professional Services with David Evans and
Associates, Inc., for landscape architectural services for the wall aesthetic treatment along Railroad
Canyon Interchange and authorize the City Manager to execute the Agreement in the amount of
$16,300.
Page 1 City of Lake Elsinore Printed on 5/9/2023
REPORT TO CITY COUNCIL
To:Honorable Mayorand Members of the City Council
From:Grant Yates, City Manager
Prepared By: Remon Habib, City Engineer
Date:May 28, 2019
Subject:Amendment No. 1 to the Professional Services Agreement for David Evans
and Associates, Inc. for Railroad Canyon Interchange Wall Aesthetic
Treatment
Recommendation
Approve Amendment No. 1 to the Agreement for Professional Services with David Evans and
Associates, Inc., for landscape architectural services for the wall aesthetic treatment along
Railroad Canyon Interchange tie back walls under the freeway and authorize the City Manager
to execute the amendment to the Agreement in the amount of $16,300.
Background
David Evans and Associates has been retained by the cityto provide art and aesthetic design
for perforated art panels to be mounted on tie back walls under the freeway at the I 15 Railroad
Canyon Road interchange. The art panels will reflect the local culture and influence of the city
as well as add an artistic component to the tieback walls. Due to Caltrans requirements, the city
needs to go through a “Transportation Art” process, which allows Caltrans to review and
approve artwork mounted to Caltrans structure. The process adds scope that was not originally
anticipated when the original agreement between David Evans and the City was executed.
Discussion
The “Transportation Art” process adopted by Caltrans requires that designs for art and aesthetic
panels are reviewed by Headquarters for conformance with Caltrans standards and general
practices. David Evans and City staff have been working with Caltrans in order to provide all
plans, specifications, and all necessary documents for the reviewers in order to expedite the
approval process. The contract amendment will allow the consultant’s team to address Caltrans
comments and make revisions necessary to approve the artwork for installation.
Fiscal Impact
Fiscal impact is an additional $16,300for added professional services effort.
Exhibits
A –Amendment No. 1
AMENDMENTNO. 1
TO AGREEMENTFOR PROFESSIONAL SERVICES
David Evans and Associates, Inc.
Landscape Architectural Services for the Wall Aesthetic Treatment
Along Railroad Canyon Interchange
This Amendment No. 1to Agreement for ProfessionalServices (Amendment No. 1) is
made and entered into as ofMay 28, 2019,by and between the City of Lake Elsinore,a municipal
corporation(“City), andDavid Evans and Associates, Inc., anOregoncorporation (“Consultant”).
RECITALS
A.The City and Consultant have entered into that certain Agreement for Professional
Servicesdated as of December 5, 2018,(the “Original Agreement”). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B.The Original Agreement provided for compensation to Consultant in an amount
$30,000.
C.The parties now desire to modify the scope of services and increase the payment
for such services as set forth in this Amendment No 1.
NOW, THEREFORE, inconsideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1.Section 1, Scope of Services, of the Original Agreement is hereby amended to add
the following:
Consultant shall also perform the services described in Consultant’s May
16, 2019Proposal (attached to this Amendment No. 1 as Exhibit A-1).
Consultant shall provide such services at the time, place, and in the manner
specified in Exhibit A-1, subject to the direction of the City through its staff
that it may provide from time to time.
2.Section 2, subpart B, Performance Schedule, of the Original Agreement is hereby
amended to add the following:
Consultant shall commence the services pursuant to this Amendment No.
1 and Exhibit A-1 upon receipt of a written notice to proceed and shall
perform all services within ten (10) days from the Notification to Proceed.
3.Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the
feesset forth in Consultants’ Proposal (Exhibit A to the Original
Agreement) and Consultant’s May16, 2019Proposal (Exhibit A-1 to
Amendment No. 1).
In no event shall Consultant’s compensation related to Exhibit A to the
Original Agreement exceed Thirty Thousand dollars ($30,000) without
additional written authorization from the City.
In no event shall Consultant’s compensation related to Exhibit A-1 to
Amendment No. 1 exceed SixteenThousand Three Hundred dollars
($16,300) without additional written authorization from the City.
Notwithstanding any provision of Consultant’s Proposal and/or
Consultant’s May16, 2019Proposal to the contrary, out of pocket
expenses set forth in Exhibit A and Exhibit A-1, respectively, shall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
4.Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment No. 1to be executed
on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
David Evans and Associates, Inc., anOregon
corporation
Kim Rhodes, Vice President
Date:
Attachments:Exhibit A-1–Consultant’s Proposal
EXHIBIT A-1
EXHIBIT A-1
CONSULTANT’S [date]PROPOSAL
[ATTACHED]
EXHIBIT A-1
EXHIBIT A-1