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HomeMy WebLinkAboutContract 1835-A e- Ig'314. ...............% . ti'P LM so) \ ilk • — City of Palm Springs '�' Department of Engineering Services •• 3200 East Tahquitz Canyon Way• Palm Springs,California 92262 •..4FOR 1 tf •• Tel:(760)323-8253• Fax:(760)323-322-8360•Web:www.palmspringsca.gov *,• TRANSMITTAL DATE: January 30, 2020 TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 ATTN: Tracey Martinez, City Clerk �I FROM: Vonda Teed, Engineering Administrative Secretary VIN.....1".i‘ for Marcus L. Fuller, Assistant City Manager/City Engineer SUBJECT: Amendment No. 1 to Agreement (A6923) between the City of Palm Springs and the City of Cathedral City for the Ramon Road and Bridge Widening Project, City Project 08-25 Message: Enclosed please find an original executed Amendment No. 1 for the above referenced project. If you have any questions, please contact Marcus L. Fuller, Assistant City Manager/City Engineer, (760) 322-8380. Enclosure: Original Amendment No. 1 cc: Project File AMENDMENT NO. 1 TO AGREEMENT (A6923) BY AND BETWEEN CITY OF PALM SPRINGS AND CITY OF CATHEDRAL CITY FOR FUNDING THE LOCAL SHARE OF THE PRELIMINARY ENGINEERING, RIGHT OF WAY, AND CONSTRUCTION PHASE OF THE WIDENING OF THE RAMON ROAD BRIDGE OVER THE WHITEWATER RIVER CHANNEL AND ASSOCIATED STREET IMPROVEMENTS THIS FIRST AMENDMENT TO AGREEMENT, (herein "Amendment") is made and entered into this S'" day of \Ta14vAR.1 , 2020, ("Effective Date"), by and between the City of Palm Springs, a charter city located in the State of California ("CPS"), and the City of Cathedral City, a municipal corporation located in the State of California ("CCC") for the funding of the local share of the Preliminary Engineering ("PE"), Right of Way ("RW"), and Construction ("CON") Phase of the widening of the Ramon Road Bridge over the Whitewater River Channel and associated street improvements ("Project"). RECITALS WHEREAS, on or about January 30, 2017, CPS and CCC entered into an Agreement for Funding The Local Share Of The Preliminary Engineering, Right Of Way, And Construction Phase Of The Widening Of The Ramon Road Bridge Over The Whitewater River Channel And Associated Street Improvements ("Agreement"). WHEREAS, CCC, has incurred, and will continue to incur, administrative fees for the Project ("Administrative Fees"). WHEREAS, Administrative Fees are recognized as qualified Project costs and are eligible for reimbursement by Caltrans and CVAG to the extent reimbursement is available within the authorized Project maximum budget; and WHEREAS, CPS and CCC wish to amend the Agreement to cover Administrative Fees incurred by CCC since the beginning of the Project and to the extent reimbursement of such Administrative Fees are available within the authorized Caltrans and CVAG Project maximum budget; and NOW, THEREFORE, in consideration of the mutual covenants, obligations and subject to the conditions contained herein, the parties hereto agree as follows: Section 1. Incorporation of Recitals And Terms. All of the above Recitals are true and correct and incorporated herein by this reference to the same extent as though set forth in full. All capitalized and defined terms in the Agreement shall have the same meaning in this Amendment. Section 2. Sections 2b, 2c, 2d, and 2f of the Agreement are hereby amended and restated in their entirety as follows: b. CPS shall invoice CCC for CCC's Local Share, and CCC shall invoice CPS for qualified Administrative Fees incurred as part of the Project not more frequently than quarterly. CPS shall audit and review the remaining funds available under the Caltrans and CVAG authorized Project maximum budget to determine CPS's ability to include CCC's qualified consultant fees as a Project cost using federal and Measure A funding. In the event CPS determines there are insufficient funds in the budget, CPS will submit requests to Caltrans and/or CVAG as may be necessary to increase the authorized Project maximum budget to accommodate additional qualified administrative fees or other eligible Project costs using federal and Measure A funding. Provided there are available funds in the Caltrans and CVAG authorized Project maximum budget, CPS agrees to pay CCC its invoiced qualified administrative fees incurred within thirty (30) days of CPS's approval of CCC's invoice. CPS shall include qualified administrative fees incurred by CCC in reimbursement requests to Caltrans and CVAG, and recover its payment to CCC for the federal Caltrans and CVAG Regional Measure A share of CCC's qualified administrative fees previously paid by CPS. CPS shall make all reasonable efforts to include CCC's qualified administrative fees under the Caltrans and CVAG authorized Project maximum budget or obtain an increase to the authorized Project maximum budget to accommodate additional qualified administrative fees incurred by CCC. Qualified Administrative Fees incurred by CCC and CPS that are not included in the Caltrans and CVAG authorized Project maximum budget and reimbursed through federal or Measure A funding, shall be apportioned between CCC and CPS in accordance with the percentages set forth in Exhibit A and based on the Phase and Segment of the Project for which the qualified Administrative Fees were incurred. c. CCC's obligation for its Local Share of each phase of costs are estimated to be $144,450 for the PE Phase; $300,928 for the RW Phase; and $1,249,862 for the CON Phase according to Exhibit A. These amounts shall automatically increase by a corresponding amount equivalent to the total sum of CCC's Local Share of qualified Administrative Fees invoiced to and paid by CPS pursuant to Section 2b that are not included in the Caltrans and CVAG authorized Project maximum budget and reimbursed through federal or Measure A funding. d. CCC's maximum estimated obligation for its Local Share of all Phase costs shall not exceed $1,695,240, plus a corresponding amount equivalent to the total sum of CCC's Local Share of qualified administrative fees invoiced to and paid by CPS pursuant to Section 2b that are not included in the Caltrans and CVAG authorized Project maximum budget and reimbursed through federal or Measure A funding, which amount shall not exceed $125,000. e. As a sub-recipient of Federal-Aid Funds subject to the Administering Agency — State Master Agreement Number 5282R, CCC shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1 , Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable State and Federal regulations. Section 3. Unless explicitly amended by this Amendment, all terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment has been duly executed by the respective parties hereto by their duly authorized officers as of the date hereinabove first written. "CCC" "CPS" CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS A CALIFORNIA MUNICIPAL CORPORATION A CALIFORNIA CHARTER CITY Charles P. McClendon David H. Ready Esq., P . . City Manager City Manager ATTEST: ATTEST: kl Tracey R. Martinty Clerk • ony - APPROVED AS TO FORM: APPROVE' AS TO FORM: Eric S. Vail, City Attorney Jef€feY er, City Attorney APPROVED BY CITY COUNCIL .4112911.12_12:240 EXHIBIT A O 20') ?A W 0 O N 4/1N s M N co 01 00 N N 01 v O . v., a, co - >.-I CO N 10 ,OY rj '.j 4 U a MI a) L N U V/V1 V1 V Vf 4./1 O N ul P VD O N O! O N tg0 O M In - 16 N N vi N N up W N O .-- m .-I .-1 C O. In E To 0_ 4/1 N V1 N N V1 O Y^.1 uu CO anO In O e-i • OO O Oi O -I Ol O m 1--- O V1 n Ot 1. ti ti 0. IIO N M N N O fG CO M CO 1f1 O V1 t ti l0 00 00 V1 Q V1 V1 V1 an. V1 N OwCO N O � O lO 4a M u1 NM 111 N�p M 00 N W 0 W 1 o O M LD N O 00 1D .O N M • CO 4 N an N 00 13 a1 'D W V1 V1 V1 N N V1 O M N an O 01 ul �Qj �• ' 0100 Of 01 C O N 1�/1 NNp O N to R .a-, tD O .., .a u1 ri M 0011 u1 Cr • M N M an N 01 m 0 CO O1 -o N LL V1 an.V1 N N V/ O ..4 en O N 8O N .--1Ln co 1011 O W in N WI Al 01 rO • N O O 01 O ▪ v m m a m m I- N N V1 N In V. .-1 C C '''d N C n C E •- 0, 9 7 C C E C C V E L C co (a al a.+ 130 CO 0 O c .- ai y O C w o0 L YC @ Ea E s u I— 5 5