2021-23 Bengal Engineering Amendment 10 - Dune Palms Bridge Project 2011-05MEMORANDUM
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)
7/7/2021
Jon McMillen, City Manager
Bryan McKinney, P.E., Public Works Director/City Engineer
Amendment No.10 to Agreement for Contract Services with Bengal Engineering -
Project 2011-05 Dune Palms Bridge
✔June 3, 2014
✔
✔401-0000-60185-D
✔July 31, 2021 June 30, 2023
✔
MR-on file in LF; Exp: 5/15/22 7/8/2021
✔
✔LIC-0100872 6/30/2022
AMENDMENT NO. 10 TO PROFESSIONAL SERVICES AGREEMENT
WITH BENGAL ENGINEERING, Inc.
This Amendment No. 10 to Professional Services Agreement with Bengal
Engineering ("Amendment No. 10") is made and entered into as of the 28th
day of June 2021 ("Effective Date") by and between the CITY OF LA QUINTA
("City"), a California municipal corporation and Bengal Engineering, Inc., a
California corporation (“Consultant”).
RECITALS
WHEREAS, on or about July 1, 2014, the City and Consultant entered
into a Professional Services Agreement to provide those services related to
the Dune Palms Road Low Water Crossing Replacement at the Coachella Valley
Storm Water Channel, Project No. 2011-05. The term of the Agreement
expired on July 31, 2018 (“Initial Term”); and
WHEREAS, on or about March 24, 2015, the City and Contracting Party
executed Amendment 1 previously amended Scope of Services, and Contract
Sum to include additional Utility Pothole, Data Collection, and Noise Modeling
work and to remove Section 7 Consultation Work Objective, resulting in a net
contract sum decrease in the amount of ($2,233.00); and
WHEREAS, on or about December 1, 2015, the City and Contracting
Party executed Amendment 2 previously amended Scope of Services and
Contract Sum to include additional Cultural and Architectural Survey, resulting
in a net contract sum increase in the amount of $7,800.00; and
WHEREAS, on or about March 24, 2016, the City and Contracting Party
executed Amendment 3 previously amended Scope of Services and Contract
Sum to revise the Traffic Technical Memorandum and Noise Study and to
prepare and process an Air Quality Report, resulting in a net contract sum
increase in the amount of $31,678.00; and
WHEREAS, on or about July 7, 2016, the City and Contracting Party
executed Amendment 4 previously amended Scope of Services and Contract
Sum to include the development of Three Conceptual Grade Control Structure
Alternatives, resulting in a net contract sum increase in the amount of
$16,100.00; and
WHEREAS, on or about June 13, 2016, the City and Contracting Party
executed Amendment 5 previously amended Scope of Services and Contract
Sum to include additional Hydrology and Hydraulic Study to address concerns
expressed by the Coachella Valley Water District, resulting in a net contract
sum increase in the amount of $19,900.00; and
WHEREAS, on or about October 27, 2016, the City and Contracting Party
executed Amendment 6 previously amended Scope of Services and Contract
Sum to include an Extended Archeological Phase I Work Plan (XP1) as directed
by Caltrans Environmental, resulting in a net contract sum increase in the
amount of $9,583.00; and
WHEREAS, on or about April 20, 2017, the City and Contracting Party
executed Amendment 7 previously amended Scope of Services and Contract
Sum to include the Field Work for the Extended Archeological Phase I Work
Plan required by Caltrans, resulting in a net contract sum increase in the
amount of $96,449.00; and
WHEREAS, on or about October 16, 2018, the City and Contracting Party
executed Amendment 8 to further amend the Scope of Services, Contract
Sum, and Agreement Term for additional engineering services related to
Coachella Valley Water District Equilibrium Slope and Scour Determination,
Environmental Permitting, Right of Way Acquisition, and preparation of Water,
Sewer, and Landscape Plans, resulting in a net contract sum increase in the
amount of $89,875.00 and amended Section 3.4 Term to extend the contract
term through July 31, 2021 (“Extended Term”); and
WHEREAS, on or about April 28, 2020, the City and Contracting Party
executed Amendment 9 to amend the Scope of Services to include additional
engineering services related to design accommodations for connector trails
and artistic CV Link Project components, design of CVWD access
accommodations and additional project management, resulting in a net
contract sum increase in the amount of $53,310.00; and
WHEREAS, the City and Contracting Party mutually agree to execute
Amendment No. 10 and amend section 3.4 Term of the Agreement to extend
the contract term through June 30, 2023 (“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 3.4 Term is amended to read:
Unless earlier terminated in accordance with the provisions in Article
8.0 of the Agreement, the term of this Agreement shall commence on
July 1, 2014 and terminate on July 31, 2018 (“Initial Term”); the term