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HomeMy WebLinkAboutContract 1699-2 UTILITY AGREEMENT NO. 503 ORIGJNj AMENDMENT NO. 1 This Amendment No. 1 to Utility Agreement No. 503 with Coachella Valley Water District ("Amendment No. 1") is made and entered into as of the 11th day of April, 2017 ("Effective Date") by and between the City of Cathedral City ("City"), a California municipal corporation and Coachella Valley Water District ("Owner"), a public agency of the State of California. RECITALS WHEREAS, on or about March 23, 2016, the City and Owner entered into Utility Agreement No. 503 for relocation and construction of certain Domestic Water and Sanitary Sewer Lines ("Conflicting Facilities") associated with Date Palm Drive Bridge Improvement, City Project No. 8914, Federal Aid Project No. BHLS 5430 (027); and WHEREAS, the City included the relocation of Owner's Conflicting Facilities as Additive Alternate No. 2 within the project bid documents; and WHEREAS, the apparent low bidder's price for Additive Alternate No. 2 exceeded 125% of the estimated cost of $804,969 that was agreed upon and incorporated into Utility Agreement 5031 and WHEREAS, the City and Owner desire to amend Utility Agreement No. 503 to allow for the increased cost for the relocation of Owner's Conflicting Facilities. 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 II. LIABILITY FOR WORK is amended to read as follows: Owner's Liability, (100%) — Work to relocate the Conflicting Facilities performed by City's Contractor at an estimated Cost of$1,141,371. 2. SECTION IV. PAYMENT FOR WORK is amended to read as follows: The estimated cost to Owner for the PS&E and for all work to be performed by the City's engineer and City contractor is $1,200,871. 3. In all other respects, the Original Utility Agreement No. 503 shall remain in effect. IN WITNESS WHEREOF, the City and Owner have executed this Amendment No. 1 to Utility Agreement No. 503 on the respective dates set forth below. CITY OF CATHEDRAL CITY a California municipal corporation Owner: CITY OF CATHEDRAL CITY COACHELLA VALLEY WATER DISTRCT APPROVED /^/fir APPROVED IL By: 9kJ? By: Charles P. McClendon,City Manager J. M. Barrett,General Manager Date: D5')D• 2DI1- Date: April 24, 2017 APPROVED AS TO FO:. : By: By: Eric S. Vail,City Attorney Date: ATTEST: • By . .V■ 0 A •, - - 401 Tracey Ma to ez, De•uty City C -