2023-24 Bengal Engineering Amendment 12 - Dune Palms Bridge Project 2011-05MEMORANDUM,
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DATE: May 22, 2023 - - - -- - - --
TO: Jon McMillen, City Manager
FROM: Carley Escarrega
RE: Amendment no. 12 to agreement with Bengal Engineering for project no. 2011-05, Dune
Palms Bridge
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
QCity Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
ElDepartment 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):
E] Bid F RFP F-1 RFQ F-1 3 written informal bids
QSole Source F-1 Select Source 1-1 Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
✓Q Agreement payment will be charged to Account No.: 401-0000-60188-111205-CT
Jr L Agreement term: Start Date End Date December 31, 2024
Amount of Agreement, Amendment, Change Order, etc.: $ 50,000
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
L Insurance certificates as required by the Agreement for Risk Manager approval
NOTE:
a
1r l
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)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. 0100872 Expires: 6/30/2023
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
AMENDMENT NO. 12 TO PROFESSIONAL SERVICES AGREEMENT WITH
BENGAL ENGINEERING. INC.
This Amendment No. 12 to Professional Services Agreement with Bengal
Engineering ("Amendment No. 12") 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 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 (XPI) 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, Amendment 9, executed on or about April 28, 2020, amended 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, Amendment 10, executed on or about June 28, 2021, amended
Section 3.4 Term of the Agreement to extend the contract term through June 30, 2023
("Extended Term"); and
WHEREAS, Amendment 11, executed on or about June 14, 2022, amended 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; and
WHEREAS, the City and Contracting Party mutually agree to execute Amendment
12 to amend the Contract Sum to replenish the Construction Support Services task,
resulting in a net contract sum increase in the amount of $50,000 as identified in Exhibit
B, attached hereto and made a part hereof and amend section 3.4 Term of the Agreement
to extend the contract term through December 31, 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:
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 Five Hundred Forty -Nine
Thousand Two Hundred and Forty Three Dollars ($1,549,243) (the "Contract
Sum") for the life of the Agreement encompassing initial terms and Amendments 1
through 12, except as provided in Section 1.6. Construction Support shall be paid
on a time and materials basis as requested by City Staff.
Exhibit B -Budget is amended as attached in "Exhibit B", attached hereto and made
apart hereof.
Section 3.4 Term is amended to read as follows:
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 of this agreement was extended
via Amendment No. 8 until July 31, 2021 ("Extended Term"); and via Amendment
No. 10 until June 30, 2023 ("Extended Term") notwithstanding any provisions to the
contrary in effect prior to the date of this Agreement No. 12, the Extended Term of
this agreement shall remain in full force and effect until December 31, 2024
("Extended Term").
In all other respects, the Original Agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Consultant have executed this
Amendment No. 12 to the Professional Services Agreement on the respective dates
set forth below.
CITY OF LA QUINTA a California
Municipal corporation
J7:,McMille ,City Manager
Dated:17-n-Z,-Z-)
ATTEST:
Monika Radeva, dity
Clerk City of La Quinta,
California
APPROVED AS TO FORM:
William H. Ihrke, City
Attorney City of La
Quinta, California
CONSULTANT:
Bengal Engineering, Inc.
(5. i��- ( "(
Scott Onishuk, P.E.
Principal in Charge
Dated: 5/17/2023
34
CONSENT CALENDAR ITEM NO. 4
City of La Quinta
CITY COUNCIL MEETING: May 2, 2023
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 12 TO PROFESSIONAL SERVICES
AGREEMENT WITH BENGAL ENGINEERING, INC. FOR THE DUNE PALMS ROAD
BRIDGE IMPROVEMENT PROJECT NO. 2011-05
RECOMMENDATION
Approve Amendment No. 12 to Professional Services Agreement with Bengal Engineering,
Inc., in the amount of $50,000, for the Dune Palms Road Bridge Improvement Project No.
2011-05; and authorize the City Manager to execute the amendment.
EXECUTIVE SUMMARY
• The Dune Palms Road Bridge Project (Project) (Attachment 1) is currently in
construction to replace the existing low water crossing with an all-weather access
bridge on Dune Palms Road at the Coachella Valley Storm Water Channel
(CVSWC).
• Amendment No. 12 to the Professional Services Agreement (PSA) with Bengal
Engineering, Inc., (Bengal) authorizes additional construction support services on a
time and materials basis (Attachment 2).
FISCAL IMPACT
The Project has an approved budget of $29,756,245. This project is funded through a
combination of the following sources:
Caltrans-HBP Funding Share:
$23,123,203
City of La Quinta Funding Share:
$1,168,212
CVAG Funding Share:
$5,395,230
CVWD Funding Share:
$69,600
Total Cost:
$29,756,245
27
The following is the project budget:
Phase
Project Budget
Engineering/Design
$2,050,000
Right of Way
$1,570,554
Construction
$21,635,760
Const. Engineering
$2,764,651
Utility Agreement (IID)
$65,750
Contingency
$1,669,530
Total Costs:
$29,756,245
Sufficient funds are available for this amendment; the design budget is $1,549,243:
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:
$0.00
Amendment No. 11:
$0.00
Amendment No. 12:
$50,000.00
Contract Total:
$ 1,549,243.00
BACKGROUNDIANALYSIS
In June 2014, Council approved a PSA with Bengal to provide professional engineering and
environmental services for an all-weather bridge. The project is currently in the construction
phase.
Proposed Amendment No. 12, if approved, will allow Bengal to continue to provide
construction support through the two-year construction phase.
28
The original fee was an estimate at the time of design. The additional amount is required as
a result of additional involvement by the Designer to address last minute comments and
concerns from the Coachella Valley Water District and design changes required to address
material shortages as a result of supply chain disruption.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachments: 1. Project Vicinity Map
2. Bengal Engineering Inc. Amendment No. 12
29
0
Exhibit A
Scope of Services
Consultant will provide additional construction support on a time and materials basis as
requested by City Staff and as specified in the original scope of work.
35
Exhibit B
Budget
The following represents the contract total of One Million, Five Hundred Forty -
Nine Thousand, Two Hundred Forty -Three Dollars ($1,549,243.00) after the
consideration of Amendments 1 through 12.
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:
$0.00
Amendment No. 11:
$0.00
Amendment No. 12:
$50,000.00
Contract Total:
$ 1,549,243.00
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