2024-25 Bengal Engineering Amendment 13 - Dune Palms Bridge Project 2011-05MEMORANDUM
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i::lE.lEl)H.NE.1
DATE: April 3, 2024
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Administrative Technician
RE: Amendment no. 13 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 March 14, 2024 Consent 8
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.
Bid
Sole Source
Procurement Method (one must apply):
RFQ n 3 written informal bids
RFP
Select Source Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
Agreement payment will be charged to Account No.: 401 -0000 -60188 -111205 -CT
Agreement term: Start Date _ End Date
December 31, 2024
Amount of Agreement, Amendment, Change Order, etc.: $ 45,200
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
nInsurance certificates as required by the Agreement for Risk Manager approval
Approved by: Compliant myCOI Date: 4/3/2024
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. 0100872 Expires: 6/30/2024
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AMENDMENT NO. 13 TO PROFESSIONAL SERVICES AGREEMENT WITH
BENGAL ENGINEERING. INC.
This Amendment No. 13 to Professional Services Agreement with Bengal
Engineering ("Amendment No. 13") is made and entered into as of the 20th day of March
2024 ("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 111 and shift $8,000 in
funding from Phase I and 11 to Phase III Constructability; and
WHEREAS, Amendment 12, executed on or about May 2, 2023, amended the
Contract Sum to replenish the Construction Support Services task, resulting in a net
contract sum increase in the amount of $50,000 and amended section 3.4 Term of the
Agreement to extend the contract term through December 31, 2024 ("Extended Term");
and
WHEREAS, the City and Contracting Party mutually agree to execute Amendment
13 to amend the Scope of Services to revise the roadway improvement plans to include
the proposed widening of Dune Palms Road between Highway 111 and the bridge, and
to replenish the Construction Support Services task, resulting in a net contract sum
increase in the amount of $45,200 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 June 30, 2025 ("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 1.1 — Scope of Services is amended to include the additional services to
be provided by Consultant as outlined in "Exhibit A", attached hereto and made a
part hereof.
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 Ninety -Four
Thousand, Four Hundred Forty -Three Dollars ($1,594,443.00) (the "Contract
Sum") for the life of the Agreement encompassing initial terms and Amendments 1
through 13, 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
a part 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"); and via Amendment No. 12 until
December 31, 2024 ("Extended Term"); notwithstanding any provisions to the
contrary in effect prior to the date of this Amendment No. 13, the Extended Term
of this agreement shall remain in full force and effect until June 30, 2025
("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. 13 to the Professional Services Agreement on the respective dates
set forth below.
CITY OF LA QUINTA a California CONSULTANT:
Municipal corporation
Jon
Bengal Engineering, Inc.
Cit
filen, City Manager Scott Onishuk, P.E.
Principal in Charge
Dated: 4 ✓ 20
ATTEST:
Monika Radeva, City
Clerk City of La Quinta,
California
APPROVED AS TO FORM:
Dated: April; 1, 2024
William H. Ihrke, City
Attorney City of La
Quinta, California
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.
Consultant will provide amended roadway improvement plans, widening Dune Palms
Road, south of the channel to the ultimate street width, including a raised median between
Corporate Centre Way and Highway 111, as part of an amended Phase 2 Task 4, Under
Final Design as follows:
Task 4A: Amended Roadway Improvement Plans
Consultant will amend the approved roadway improvement plans to include the proposed
widening of Dune Palms Road, between Highway 111 and the bridge. The amended
roadway improvement plans include modifications to the following sheets:
• Sheet 2, Construction Notes and Quantities
• Sheet 4, Removal & Existing Utility Sheet
• Sheet 7, Street Improvement Plan
• Sheet 13, Signing and Striping Plan
Exhibit B
Budget
The following represents the contract total of One Million, Five Hundred
Ninety -Four Thousand, Four Hundred Forty -Three Dollars ($1,594,443.00) after the
consideration of Amendments 1 through 13.
Base Contract Amount:
Amendment No. 1:
Amendment No. 2:
Amendment No. 3:
Amendment No. 4:
Amendment No. 5:
Amendment No. 6:
Amendment No. 7:
Amendment No. 8:
Amendment No. 9:
Amendment No. 10:
Amendment No. 11:
Amendment No. 12:
Amendment No. 13:
Contract Total:
$1,176,781.00
($2,233.00)
$7,800.00
$31,678.00
$16,100.00
$19,900.00
$9,583.00
$ 96,449.00
$89,875.00
$53,310.00
$0.00
$0.00
$50,000.00
$45,200.00
$ 1,594,443.00
• Additional Construction Support: $40,000
• Amended Roadway Improvement Plans: $5,200
CONSENT CALENDAR ITEM NO. 8
City of La Quinta
CITY COUNCIL MEE I ING: March 19, 2024
STAFF REPORT
AGENDA TITLE: APPROVE CHANGE ORDER ESTIMATE FOR CONTRACT WITH
ORTIZ CONSTRUCTION, INC., APPROVE AMENDMENT NO. 13 TO PROFESSIONAL
SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC., AND AUTHORIZE
AMENDMENT REQUEST TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AGREEMENT FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO.
2011-05
RECOMMENDATION
Approve Change Order Estimate for contract with Ortiz Construction, Inc. in the amount of
$124,944, approve Amendment No. 13 to Professional Services Agreement with Bengal
Engineering, Inc. in the amount of $45,200, authorize staff to submit an amendment
request to the Coachella Valley Association of Governments reimbursement agreement for
the Dune Palms Road Bridge Improvement Project No. 2011-05; and authorize the City
Manager to execute the change order and amendments.
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).
• As the contractor is constructing the roadway improvements associated with the
northbound bridge section of the Project, staff recommends completing the roadway
widening to ultimate condition on the eastern side of Dune Palms Road between
Highway 111 and the bridge.
• The Change Order Estimate for the construction contract with Ortiz Construction, Inc.,
includes additional quantities of bid items to complete the widening to the ultimate
General Plan condition (Attachment 2).
• Amendment No. 13 to the Professional Services Agreement (PSA) with Bengal
Engineering, Inc., (Bengal) authorizes engineering design to amend the current
roadway improvement plans and to provide additional construction support services
on a time and materials basis (Attachment 3).
• The road widening improvements are not eligible for Highway Bridge Program
Funding but as part of the Coachella Valley Association of Governments (CVAG)
181
Regional Transportation Plan (RTP) in the Transportation Project Prioritization Study
(TPPS) they are eligible for funding.
• Staff requests approval to submit an amendment request for the existing Dune Palms
Bridge Agreement with CVAG to provide 75% of the cost for the road widening
improvements.
FISCAL *
The Project has an approved budget of $29,756,245. The following is the updated project
budget per phase:
Phase
Project Budget
Engineering/Design
$2,095,200
Right of Way
$1,570,554
Construction
$22,017,430
Const. Engineering
$2,764,651
Utility Agreement (IID)
$65,750
Contingency
$1,242,660
Total Costs:
$29,756,245
The CVAG amendment request is for 75% of the additional road widening costs, including
design and construction. Sufficient funds are available for the Bengal amendment in the
amount of $45,200 and the construction contract change order estimate of approximately
$124,944 in the existing project budget.
BACKGROUND/ANALYSIS
The Project is currently in construction to replace the existing low water crossing with an all-
weather access bridge on Dune Palms Road at the CVSWC. The contractor is preparing to
construct the roadway improvements associated with the northbound bridge section of the
Project. Staff recommends widening the eastern side of Dune Palms Road on the
northbound bridge approach, from Highway 111 to the bridge, to its ultimate General Plan
condition as part of the Project.
This segment of Dune Palms Road is part of the RTP and is included in the CVAG TPPS
with a 2015 ranking of 9 on a scale of 0 to 15 (15 is the highest need). The TPPS uses
distinct evaluation criteria and scores to form a ranking list of the regionally significant
roadway segments for the nine municipalities and the County of Riverside in the Coachella
Valley area. The ranking list is used to determine which roadways have the greatest need
evaluated from current conditions and is used in funding decisions.
182
Completing the road widening as the contractor is constructing the roadway improvements
associated with the northbound bridge section will provide overall cost savings. The City will
not need to construct and remove temporary improvements in the future to widen the road
to its ultimate condition. Constructing the ultimate condition at this time will also offer
improved safety for bicycles and pedestrians on the east side of Dune Palms Road and
provide a better link to the adjacent CV Link improvements.
The road widening improvements are not eligible for HBP funding, but they are eligible for
CVAG regional transportation funding. Staff requests approval to submit a request to CVAG,
to amend the existing Dune Palms Bridge Reimbursement Agreement for 75% of the cost for
the design and construction of the road widening improvements.
The proposed construction change order estimate from Ortiz Construction, Inc., includes the
additional quantities of bid items estimated to construct the road widening improvements. The
final change order will be submitted based on the actual quantities required to complete the
improvements.
Proposed Amendment No. 13, if approved, will allow Bengal to continue to provide
construction support through the construction phase and amend the current roadway
improvement plans to include the Dune Palms Road widening from Highway 111 to the
bridge.
Additional construction support is warranted to accommodate time expended on the
resolution of the water main construction to satisfy CVWD Record Drawing information, and
additional construction time due to delays caused by Tropical Storm Hilary in August 2023
and other subsequent storms.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by:
Approved by:
Julie Mignogna, Management Analyst
Bryan McKinney, Public Works Director/City Engineer
Attachments: 1. Project Vicinity Map
2. Ortiz Construction, Inc. Change Order Estimate
3. Bengal Engineering Inc. Amendment No. 13
183
Dune Palms Bridge
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184
ATTACHMENT 2
Bid
Item #
Description
Unit
New
Quantity
Original
Quantity
Change
Bid Unit
Price
Extension
Comments
QUANTITIES FROM ENGINEER'S COVER SHEET
5, 91
Sawcut & Remove AC Pavement
SF
3,482
677
2,805
$ 1.80
$ 5,049.00
8, 92
Clearing and Grubbing (C & G Removal)
LS
See Below
12
Suitable Backfill Material
CY
47
-
47
$ 300.00
$ 14,100.00
96
Cold Mill AC Pavement
SF
2,607
2,241
366
$ 1.00
$ 366.00
97, 14
Asphalt Concrete (4.5 ")
SF
23,898
19,848
4,050
$ 3.20
$ 12,960.00
98
Asphalt Concrete (0.10')
SF
2,607
2,241
366
$ 0.85
$ 311.10
15, 99
Class 2 Aggregate Base
SF
23,898
19,848
4,050
$ 1.90
$ 7,695.00
17, 100
6" AC Dike
LF
118
486
(368)
$ 23.00
$ (8,464.00)
18, 101
6" Curb & Gutter
LF
568
-
568
$ 22.00
$ 12,496.00
19, 102
8" Median Curb
LF
881
-
881
$ 19.00
$ 16,739.00
20, 103
Concrete Sidewalk (5.5')
SF
3,476
3,853
(377)
$ 16.00
$ (6,032.00)
22, 105
Colored Stamped Median
SF
1,787
-
1,787
$ 16.00
$ 28,592.00
46, 108
Signing
EA
4
-
4
See Below
Pavement Markings (Bike Legend)
EA
3
-
3
See Below
Pavement Markings (Turn Arrows)
EA
2
-
2
See Below
146
Crack Seal and Slurry Seal
SF
54,857
73,184
(18,327)
$ 0.35
$ (6,414.45)
Subtotal (Items from Engineer's Qty's)
$ 77,397.65
These Items to be paid per original Bid Unit Prices
185
Bid
Item #
Description
Unit
New
Quantity
Original
Quantity
Change
Bid Unit
Price
Extension
Comments
ADDITIONAL QUANTITIES
Clear and Grub
LF
198
-
198
$ 16.00
$ 3,168.00
Curb & Gutter Removal
AC Walkway (4")
SF
525
-
525
$ 14.85
$ 7,796.25
No Headers, backing, etc.
9, 93
Excavation
CY
384
-
384
$ 60.00
$ 23,040.00
Raised Median Curb - Sawcutting and AC Patch
LF
881
-
881
$ 12.00
$ 10,572.00
Concrete Purchase (price increases)
CY
90
-
90
$ 33.00
$ 2,970.00
Subtotal (Additional Items)
$ 47,546.25
TOTALS
$ 124,943.90
Bid
Description
Unit
New
Original
Change
Bid Unit
Extension
Comments
Item #
Quantity
Quantity
Price
CONDITIONS / QUALIFICATIONS
Traffic Control & Maintenance
Time and Materials
Testing (QA/QC)
By City
Signage and Pavement Markings
TBD - Dependent on Schedule and Traffic Configuration
Subcontractor prices include 2 move -ins for the entire project -
Mobilizations - Asphalt Paving
additional move -ins will be $17,750.00
Mobilizations Concrete Curbs, Gutters, Flatwork
Subcontractor prices include 2 move -ins for the entire project -
additional move -ins will be $1,750.00
186