HomeMy WebLinkAboutContract 1835-A e- Ig'314.
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• — City of Palm Springs
'�' Department of Engineering Services
•• 3200 East Tahquitz Canyon Way• Palm Springs,California 92262
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tf •• Tel:(760)323-8253• Fax:(760)323-322-8360•Web:www.palmspringsca.gov
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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
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