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HomeMy WebLinkAboutContracts & Agreements_109-2026FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This first amendment ("First Amendment") to the agreement for Professional Services for master construction management services ("Agreement"), dated September 5, 2023, by and between the City of Redlands, a municipal corporation and a general law city ("City"), and Tilden -Coil Constructors, Inc., a California Corporation ("Consultant"), is made and entered into this 7th day of July, 2026. RECITALS WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, to include additional preconstruction costs and amended Construction Management fees associated with the construction and development of the Redlands Safety Hall Facility Project located at 1625 W. Redlands Blvd., Redlands, CA 92373; and WHEREAS, the Parties wish to enter into a First Amendment to the Agreement for the purpose of snaking amendments to the Agreement. NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows: AGREEMENT Section 1. Article 3 of the Agreement, entitled "Responsibilities of City" Section 3.1 is hereby amended to read as follows: "3.1 City Designates Danielle Garcia, Interim Assistant City Manager, or designee as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services." Section 2. Article 5 of the Agreement, entitled "Payments to Consultant," Section 5.1 is hereby amended to read as follows: "5.1 Compensation: Total compensation for Consultant's performance of the Services shall be in an amount not to exceed Six Million Twenty -Nine Thousand Eight Hundred and Forty -Eight Dollars ($6,029,848.00) without written authorization by the City. City shall pay Consultant in accordance with Exhibit "C," titled "Fee Schedule and Hourly Rates," which is attached hereto and incorporated herein by this reference. The compensation due the Consultant for Basic Services for each Assigned Project shall be as set forth in the Task Order for each Assigned Project. Payment of the Task Order Contract Price for an Assigned Project will be made by the City in accordance with the terms hereof. The Contract Price includes the fee of the Consultant, and personnel expenses of the Consultant and sub -consultants, inclusive of all benefits and burdens, travel for personnel of the Consultant and sub -consultants to and from the Site, travel within the Counties of Los Angeles, Orange, Riverside and San Bernardino, insurance and other overhead costs associated with or arising out of performance and completion of 1 1 \cmo\Agrccments\ I st Amendment Agreement'l'ilden-Coil.bm.06.29.2026.rY2526-240.doex Basic Seivices for an Assigned Project. The Contract Price due the Consultant for an Assigned Project shall be established by mutual agreement of the Consultant and the City, and shall be determined using the following: Consultant Fee. Consultant Fee shall be calculated for each Task Order Form based on the anticipated sum of prime contracts for the Assigned Project at the rates identified in Exhibit C. Preconstruction Labor. A not to exceed budget based upon Consultant's rates listed in Exhibit C shall be included, if applicable, in the Task Order Form for each Assigned Project. General Conditions. A not to exceed budget based upon Consultant's rates listed in Exhibit C and agreed upon reimbursable expenses to support the Assigned Project shall be included in the Task Order Form for each Assigned Project." Section 3. The "Fee Schedule and Hourly Rates" set forth in Exhibit "C" of the Agreement is hereby replaced in its entirety with Exhibit "C" as set forth in Attachment "I," which is included hereto as Attachment 1 and incorporated herein by this reference. Section 4. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect. Section 5. All recitals above are true and correct and are hereby incorporated herein by this reference. Section 6. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 7, 2026. CITY OF REDLAND ByUAL I Mario Saucedo, Mayor ATTEST: MWne Donaldson, City Clerk TILDEN-COIL CONSTRUCTORS, INC. 2 I; lcmoUgreementsl] st Amendment Agreement Tilden-Coil.bm.06.29 2026.FY2526-240.docx President & CEO Attachment "1" EXHIBIT "C" Fee Schedule and Hourly Rates CM Fee The Construction Management fee will be based upon the size of the construction project assigned to Tilden -Coil based upon the table below. The Construction Management fee shall be multiplied by the final sum of prime contracts (construction costs) for the assigned project. Construction Costs CM Fee Projects greater than $60,000,000 3.85% $30,000,000 and $60,000,000 4.00% $15,000,001 and $30,000,000 4.50% $5,000,001 and $15,000,000 5.00% Projects less than $5,000,000 5.75% CM labor and General Conditions Billable hourly rates shall be utilized to develop a project specific preconstruction services budget and general conditions budget during construction. Rates attached include escalation through 2028 and shall be subject to adjustment annually in alignment with the consumer price index for the area should the final schedule go beyond 2028 based upon City phasing requirements. A general conditions budget will be established with the City and any temporary services the City wishes Tilden -Coil to provide within the general conditions (e.g. temp fencing, toilets etc.) shall be provided without markup on a reimbursable basis. Billable Hourly Rates Position Project Executive Production Director Safety Director Sr. Project Manager Sr. Superintendent Project Manager Assistant Project Manager Superintendent Area/Assistant Superintendent Sr. Project Engineer Project Engineer Scheduler BIM Manager BIM Specialist BIM Technician TCC Survey Preconstruction Manager Sr. Estimator Estimator Preconstruction Coordinator Labor Compliance Coordinator Accountant Sr. Project Administrator Project Administrator Project Engineer Intern Field labor 3 1lcmo\Agrecmentsl1st Amendment Agreement Tilden-Coil.bm.06.29.2026_FY2526-240_does Billable Hourly Rate $196 $196 $145 $168 $163 $145 $135 $145 $13z $130 $113 $166 $183 $158 $141 $158 $143 $135 $110 $78 $78 $113 $83 $78 $33 $108