Loading...
Project 2011-05 (4) 2025-26 TY Lin International - Amendment 1 - Construction Mgmt Services - Dune Palms Bridgen MEMORANDUM DATE: May 16, 2025 TO: Jon McMillen,City Manager FROM: Carley Escarrega, Administrative Technician RE: Amendment no. 1 with TY Lin for project no. 2011-05, Dune Palms Bridge Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. 4Q!th (Pea CALIFORNIA ✓ ✓ ✓ ✓ Authority to execute this agreement is based upon: Approved by City Council on February 15, 2022; Consent 11 City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] 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.: 401-0000-60188-111205-CT Agreement term: Start Date July 1 , 2022 End Date June 30, 2026 Amount of Agreement, Amendment, Change Order, etc.: $ 390,561.14 .z. 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: myCOI compliant (MR) Date: 5/22/2025 Bonds joriginals) 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. LIC-0108525 Expires: 3/31/2026 Requisition for a Purchase Order has been prepared (Agreements over $5,000) 78495 Calle Tampico I is Quinta, California 92253 1760.Trf7000 I www:laquintaca.gov AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL This Amendment No. 1 ("Amendment No. 1") to Agreement for Contract Services ("Agreement") is made and entered into as of the 7 day of May 2025 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and TY Lin International, a Corporation ("Contracting Party"). RECITALS WHEREAS, on or about July 1, 2022, the City and Contracting Party entered into an Agreement to provide those services related to Construction Management, Inspection, Material Testing, and Survey Services for the Dune Palms Road Bridge Project (Federal Project No. BRKLS-5433(014), City Project No. 2011-05), for the City. Total compensation to be paid to Contracting Party was not to exceed $2,760,328.58 dollars. The term of the Agreement expires on June 30, 2026; and WHEREAS, on or about February 24, 2025, the City issued Change Order No. 1 authorizing additional services and compensation pursuant to the following sections of the Agreement: • Section 1.7 Additional Services — to provide ground -breaking coordination services; • Section 2.4 Compensation for Additional Services — compensation in the amount of $29,395.47 for Additional Services amounting to not more than 5% of the Contract Sum and authorized by the Contract Officer as noted above under Section 1.7); and WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 Scope of Services of the Agreement as outlined in detail in enclosed Exhibit A, incorporated herewith by this reference; and WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and Exhibit B Schedule of Compensation of the Agreement to increase the total compensation amount by an additional $390,561.14, for a total not to exceed amount of $3,180,285.19, for the services pursuant to Section 2.4 Compensation for Additional Services and as included in Exhibit A. 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 include the Services detailed in the attached "Exhibit A", incorporated herewith by this reference. 2. Exhibit A — Scope of Services is amended to include the services as detailed in enclosed "Exhibit A" incorporated herewith by this reference. 3. Section 2.1 Contract Sum is amended to read as follows: 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on actual cost plus a fixed fee in accordance with "Exhibit B" (the "Schedule of Compensation"). The total amount payable by City including the Fixed Fee, as provided in Section 2.2, shall not exceed Three Million One Hundred Eighty Thousand Two Hundred Eighty -Five Dollars and Nineteen Cents ($3,180,285.19) (the "Contract Sum"), except as provided in Section 1.7. 4. Exhibit B — Schedule of Compensation is amended as detailed in enclosed "Exhibit B" incorporated herewith by this reference. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA, a California municipal corporation JO► ILLEN, City Manager City of La Quinta, California Dated: 5/7 /QO7r ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: Of .eit.x..t.k. __,---/---14/ TY Lin International SIGNED IN COUNTERPART Philip Yartey, P.E. Senior Vice President Dated: ----Th /C-Z--____________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 1 Section 1.1 Scope of Services is amended to include the Services detailed in the attached "Exhibit A", incorporated herewith by this reference. 2. Exhibit A — Scope of Services is amended to include the services as detailed in enclosed "Exhibit A" incorporated herewith by this reference. 3. Section 2.1 Contract Sum is amended to read as follows: 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on actual cost plus a fixed fee in accordance with "Exhibit B" (the "Schedule of Compensation"). The total amount payable by City including the Fixed Fee, as provided in Section 2.2, shall not exceed Three Million One Hundred Eighty Thousand Two Hundred Eighty -Five Dollars and Nineteen Cents ($3,180,285.19) (the "Contract Sum"), except as provided in Section 1.7. 4. Exhibit B — Schedule of Compensation is amended as detailed in enclosed "Exhibit B" incorporated herewith by this reference. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA, a California municipal corporation SIGNED IN COUNTERPART TY Lin International JON McMILLEN, City Manager Philip Yartey,'P.E. City of La Quinta, California Senior Vice President Dated: Dated: 05/14/2025 ATTEST: SIGNED IN COUNTERPART MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: SIGNED IN COUNTERPART WILLIAM H. IHRKE, City Attorney City of La Quinta, California Exhibit A Scope of Services lYLin April 29. 2025 Bryan McKinney, PE City Engineer City of La Quinta, 78-495 Calle Tampico La Quinta, CA 92253 Dune Palms Road Bridge Project (Federal Project No. BRKLS-5422(014), City Project No. 2011-05) TYLI Request for Additional Funds to Provide Construction Management and Inspection Services — Amendment No. 1 Dear Mr. McKinney: Per our recent discussions, TYLin is requesting additional funds to provide Construction Management and Inspection Services for the Dune Palms Road Bridge Project. The project's original end of construction date was December 17, 2024. However, item work remained on the project through March 2025 and substantial completion for the project was determined to be on March 28, 2025, sixty- eight (68) working days beyond the contract allocated days for the project. As such, TYLin respectfully requests a contract amendment for S390,561.14 in accordance with Exhibit A (attached). Should you have any questions, please do not hesitate to contact the undersigned at the contact information listed below. 404 Camino Del Rio South, Suite 7001 San Diego, CA 92108 T. 858.245.8112 Joseph smith@tylin.com Sincerely, T.Y. Lin International /12tAik--- Joseph S. Smith Vice President *Note: Exhibit A referenced in Scope Request is in Exhibit B to this amendment. Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.4 of this Agreement, the maximum total compensation to be paid to the Contracting Party shall be based on actual cost plus a fixed fee in accordance with this "Exhibit B" under this Agreement is not to exceed Three Million One Hundred Eighty Thousand Two Hundred Eighty -Five Dollars and Nineteen Cents ($3,180,285.19) (the "Contract Sum"), except as provided in Section 1.7. Base Contract Amount: Change Order No. 1: Amendment No. 1: Contract Total: $2,760,328.58 $29,395.47 $390,561.14 $ 3,180,285.19 City of La Quints Dune Palms Road Bridge Project TYUn Request for Addlt,onal Funds . Amendment No. 1 EXHIBIT A q'02° Total Contract S2.760.328.50 Pre•Construcbon 1520.024 17) Post •ConstruCbon 1 S 17,999.681 Pole QA 1545.540 00) Prorilograpn (S4,830 23) Construction Phase S2.671.934.42 Construction Phase S2.671.934.42 Contract Working Days 475 TYUn CosVDay 55.625.13 Substantial Completion Days Past Contract End Date 68 Additional Cost (Non ODC) S382.508.51 ODCs S 56.250.00 Contract Working Days 475 Cost/Day S 118.42 Substantial Completion Days Past Contract End Date 68 Additional Cost (ODC) S8.052.63 Total S390.561 14 CONSENT CALENDAR ITEM NO. 11 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITL' APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05 RECOMMENDATION Approve Amendment No. 1 to Agreement for Contract Services with TY Lin International, in the amount of $390,562, 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 completing 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). • On February 24, 2025, the City issued Change Order No. 1 authorizing additional services in an amount of $29,396 for coordinating the groundbreaking ceremony for the bridge. • Proposed Amendment No. 1 to the Agreement for Contract Services with TY Lin International (TY Lin) authorizes additional construction management and inspection services (CMI) on actual cost plus a fixed fee (Attachment 2). The original fee was an estimate based on the construction days allowed in the original construction contract. FISCAL IMPACT The Project has an approved budget of $30,064,243; and it is funded through a combination of the following sources: Phase Estimated Cost for Bridge Project Federal Funding (Caltrans-HBP) Non -Participating Plus Local Share Engineering/Design $2,050,000 $1,549,275 $500,725 Right of Way $1,570,554 $1,166,825 $403,729 Construction $21,760,704 $16,610,884 $5,149,820 Const. Engineering $2,764,651 $2,491,632 $273,019 Utility Agreement (IID) $65,750 $0.00 $65,750 Contingency $1,852,584 $1,661,088 $191,496 Total Costs: $30,064,243 $23,479,704 $6,584,539 195 Caltrans-HBP Funding Share: $23,479,704 City of La Quinta Funding Share: $1,093,003 CVAG Funding Share: $5,421,936 CVWD Funding Share: $69,600 Total Cost: $30,064,243 The proposed Amendment 1 will increase the total not to exceed amount by $390,561. Sufficient funds are available for this Amendment in the Project Budget Base Contract Amount: Change Order No. 1: Amendment No. 1: Contract Total: BACKGROUND/ANALYSIS $2,760,329 $29,396 $390,561 $ 3,180,286 In February 2022, Council approved an Agreement with TY Lin to provide professional construction management and inspection services for an all-weather bridge. The Project is currently finishing the construction phase. On February 24, 2025, the City issued Change Order No. 1 authorizing TY Lin to provide additional services related to the groundbreaking ceremony of the bridge in accordance with Sections 1.7 Additional Services and 2.4 Compensation for Additional Services in an amount of $29,396. The proposed Amendment 1 is for the additional amount of $390,561 for additional time required to construct the project due to delays caused primarily by Tropical Storm Hillary, utility delays, and construction change orders. The additional time will also allow TY Lin to assist the City in closing out the construction phase in conformance with the funding requirements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Approved by: Carley Escarrega, Administrative Technician Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map 2. TY Lin International Amendment No. 1 196 ATTACHMENT 1 Vicinity Map — Dune Palms Bridge w% .� _ �Iria ■■01 a ■J uum . 104 =zrter 7IIIIII wpm II :pan fr��.i vu�t:� 11 .tnfr I+b:i Laib h i 121 I • II 11111H1I1 f II,+q1 IL1n1 1 11111.1111 E= ILLL IA DR 1111/1111 OI 1111111 pllllll :p111111W IIIIIIII-ik 1111I111 1111II111L'.IIII IIi11I IIIIINIII._ Imam �Ylllllllllri� 11111111 U&(' IfIGIA nrt PROJECT LOCATION 111u1I11➢1 IIIIIIIOII Bo sown, maim ■arri 197