AMENDMENT NO. 2
TO THE
AGREEMENT FOR
PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
T.Y. LIN INTERNATIONAL
In accordance with the “Agreement for Professional Construction Management Services” dated July 24, 2019 (the “Agreement”), by and between the City of Cathedral City, a municipal corporation (“City” ) and T.Y. Lin International , a California Corporation (“Consultant”), and in accordance with Se ction 37 of the Agreement, entitled, “Amendment”, this Amendment Number Two (2) to the Agreement is made and entered into this 9
th day of August 2023.
RECITALS
A. Consultant currently provides the Cit y with professional c onstruction management services associated with the Cathedral Canyon Drive Bridge at Whitewater River Project (CIP 8919) pursuant to the Agreement dated July 24, 2019, as amended by Amendment 1 on March 9, 2022.
B. City desires to amend the Agreement to extend the Term of Agreement.
C. City desires to amend t he Agreement to provide addi tional administrative and inspection services including additional compensation therefor.
D. Consultant is qualified and agrees to provi de the work pursuant to the terms of this Amendment No. 2 to the Ag reement and City agrees to the amendments contained herein.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
Section 1. The Term of the Agreement shall be extended one (1) year. The total term of the Agreement shall be for 5 years commencing on the effective date of the Agreement.
Section 2. The Scope of Services shall be am ended to include the additional Scope of Services described in Exhibit “A” attached hereto.
Section 3. The Consultant compensation sha ll increase an additi onal $14,981.53. The total compensation shall not exceed $2,354,328.41.
Section 4. Except as specifically amended by this Amendment No. 2, the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No . 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.
SUMMARY:
Amendment No. 2 amends the Term of the Agreement, increases the scope of services, and increases the compensation of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 2 to be executed as of the date first written above.
CITY OF CATHEDRAL CITY T.Y. Lin International
B
y: Charles P. McClendon By:
City Manager
ATTEST:
B
y: Tracey Hermosillo By:
City Clerk
B
y: Eric S. Vail
City Attorney
3633 East Inland Empire Boulevard, Suite 900 | Ontario, California 91764 | T 909.912.6900 | www.tylin.com July 18, 2023
Mr. John A. Corella, P.E.
Director of Engineering/Public Works
City of Cathedral City, Engineering Department
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
SUBJECT: Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River (CPN: 8919) – TYLin Request for Contract Amendment for Additional Funds to Provide Construction Management and Inspection Services Dear Mr. Corella:
TYLin is requesting a contract amendment for additional funds to provide administrative and inspection services for the Cathedral Canyon Drive Bridge Project. The additional funds are necessary for the additional work pertaining to Contract Change Order No. 19 for the crack repairs at both bridge abutments. The amount is based on the actual services provided for Change Order No. 19 work. TYLin is also requesting additional funds to perform labor compliance reviews, DBE review, and completion audit for the project closeout. The project was substantially closed out at the end of 2022. However, additional inspection was required for an unexpected irrigation waterline repair and bridge abutment crack repairs. This additional work created duplicate work and expenses for the project closeout process. TYLin is requesting an additional $14,981.53 for these services. The following tables itemize the cost for the change order work and the project closeout audit:
CHANGE ORDER NO. 019 – (Actual Costs)
NAME HOURS COST
John Buckley 3 $751.99
Curtis Musashi 50 $8,488.51
ODC (Mileage – 1,111 Miles) $727.70
TOTAL $9,968.20
LABOR COMPLIANCE / DBE / PROJECT CLOSEOUT / AUDIT
NAME HOURS COST
John Buckley 20 $5,013.33
TOTAL $5,013.33
TYLin’s overall budget will increase from the original contract amount of $2,339,346.68 to the revised amount of $2,354,328.53.
Exhibit A
City of Cathedral City
Cathedral Canyon Drive Low Water Crossing (New Bridge) at the Whitewater River Contract Amendment for Additional Funds
July 18, 2023
3633 East Inland Empire Boulevard, Suite 900 | Ontario, California 91764 | T 909.912.6900 | www.tylin.com
The additional funds will be included in TYLin Task 4, Post-Construction Services, and TYLin’s OD Budget as follows:
Firm Original
Budget
Amount
Previous
Reallocated
Amount
NEW
Reallocated
Amount
Revised
Budget
Amount
(as of
05/31/23)
Amount
Billed
(as of
03/31/23)
Remaining
Budget
(as of
03/31/23)
TYLin Task 4
Post-Construction Services $7,636.96 $7,200.77 $14,253.83 $29,091.56 $14,798.52 $14,293.04 TYLin - Other Direct Costs
Mileage $11,600.00 ($432.00) $727.70 $11,895.70 $11,167.68 $728.02
Please advise if this request is acceptable. Should you have any questions, please do not hesitate to contact the me at: C. 619.961.8849 | [email protected]
Sincerely, City of Cathedral City
John Buckley, P.E. John A. Corella, P.E.
Deputy Resident Engineer Director of Engineering/Public Works TYLin