2021-23 Bengal Engineering Amendment 11 - 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.
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___
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Authority to execute this agreement is based upon:
Approved by City Council on ___________________________________________
City Manager’s signing authority provided under the City’s Purchasing Polic\
[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)
6/22/2022
Jon McMillen, City Manager
Julie Mignogna, Management Analyst
Amendment No. 11 to Agreement with Bengal Engineering for the Dune Palms Road
Bridge Project No 2011-05
✔
✔
✔401-60185-111205D
✔7/1/2014 6/30/2023
✔0
✔
MR on file in LF; Exp 5/15/23 6/22/2022
✔LIC-0100872 6/30/2023
✔
AMENDMENT NO. 11 TO PROFESSIONAL SERVICES AGREEMENT
WITH BENGAL ENGINEERING, INC.
This Amendment No. 11 to Professional Services Agreement with
Bengal Engineering ("Amendment No. 11") is made and entered into as
of the 14th day of June 2022 ("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 expires on June 30, 2023; and
WHEREAS, Amendment 1, executed on or about March 24, 2015,
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, Amendment 2, executed on or about December 1,
2015, 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, Amendment 3, executed on or about July 7, 2016,
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, Amendment 4, executed on or about July 13, 2016,
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, Amendment 5 executed on or about June 13, 2016,
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, Amendment 6, executed on or about October 27, 2016,
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, Amendment 7, executed on or about April 20, 2017,
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, Amendment 8 executed on or about October 16, 2018
previously amended Scope of Services, Contract Sum, and Agreement
Term to include 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; 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, on or about June 28, 2021, the City and Contracting Party
executed Amendment No. 10 to amend section 3.4 Term of the Agreement
to extend the contract term through June 30, 2023 (“Extended Term”); and
WHEREAS, the City and Contracting Party mutually agree to amend the
Scope of Services to include Constructability Review in Phase III and shift
$8,000 in funding from Phase I and II to Phase III Constructability Review
Task as identified in Exhibit B, attached hereto and made a part heretof.
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 Services is amended to read as follows:
For the services rendered pursuant to this Agreement, Consultant
shall provide additional services outlined in Exhibit “A”, attached
hereto and made a part hereof.
2. Section 2.1 – Contract Sum is amended to read as follows:
For the Services rendered pursuant to this Agreement, Consultant
shall be compensated in accordance with “Exhibit B” (the “Schedule
of Compensation”) in a total amount up to but shall not exceed One
Million Four Hundred Ninety-Nine Thousand Two Hundred and Forty
Three Dollars ($1,499,243) (the “Contract Sum”) for the life of the
Agreement encompassing initial terms and Amendments 1 through
11, except as provided in Section 1.6.
Exhibit B –Budget is amended as attached in “Exhibit B”, attached
hereto and made apart hereof.
In all other respects, the Original Agreement shall remain in effect.
Exhibit A
Scope of Services
Consultant will provide constructability review on a time and
materials basis as requested by City Staff.
Exhibit B
Budget
The following represents the contract total of One Million, Four
Hundred Ninety-Nine Thousand, Two Hundred Forty-Three Dollars
($1,499,243.00) after the consideration of Amendments 1 through 11.
Base Contract Amount: $ 1,176,781.00
Amendment No. 1: ($2,233.00)
Amendment No. 2: $7,800.00
Amendment No. 3: $31,678.00
Amendment No. 4: $16,100.00
Amendment No. 5: $19,900.00
Amendment No. 6: $9,583.00
Amendment No. 7: $ 96,449.00
Amendment No. 8: $89,875.00
Amendment No. 9: $53,310.00
Amendment No. 10:
Amendment No. 11: 0
Contract Total: $ 1,499,243.00