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Home My WebLink AboutA8392 - DWA UA 503 AMENDMENT NO. 1 CP 12-02C CITY Of PALM SPRINGS DEVELOPMENT SERVICES ENGINEERING DIVISION 3200 Tahquitz Canyon Way Palm Springs, CA 92262 760.323.8253 http://www.palmspdngsca.gov Memorandum Date August 18, 2021 To: Jeff Ballinger, City Attorney Justin Clifton, City Manager From: Joel Montalvo, City Engineer 1*0 Re: Amendment No. 1 to Utility Agreement 503 with DWA for the South Palm Canyon Bridge Project, City Project No. 12-02. Amendment No. 1 to Utility Agreement (UA) 503 with Desert Water Agency (DWA) is a result of Caltrans requiring a "Buy America" clause be incorporated into the Utility Agreement. The original UA did not have the 'Buy America" clause as DWA felt that their work was not mandated to have a "Buy America" clause. Caltrans originally agreed to allow the UA to proceed without the clause but later indicated that the project may have issues obtaining federal funds. The Team weighed the options and decided that an amendment to UA 503 to include the "Buy America" clause would be in the City and projects best interest. Attached please find Amendment No. 1 to UA 503 for your review and signature. Also attached is the original UA signed by the City Manager. Please let me know if you have any questions or concerns. LOCAL AGENCY OF PALM SPRINGS AMENDMENT TO UTILITY AGREEMENT 13-EX-24 REV 1/2014 Pa e 1 of 2 District Count v Route Post Mile Project ID No. EA 08 Riverside South NA 0814000037L-N NA Palm Canyon Federal Aid No.: BRLS 5282f042) Owner's File: I01-12.206 FEDERAL PARTICIPATION: On the Project ® Yes ❑ No On the Utilities ❑ Yes ® No FIRST AMENDMENT TO UTILITY AGREEMENT NO. 503 WHEREAS, the City of Palm Springs hereinafter called CITY, and Desert Water Agency, hereinafter called OWNER, have entered into that certain Utility Agreement No. 503, dated October 16, 2019, which Agreement sets forth the terms and conditions pursuant to which OWNER will relocate water facilities within South Palm Canyon, in the County of Riverside to accommodate CITY's construction on South Palm Canyon, Project ID No. 0814000037L-N; and, WHEREAS, in the performance of said work, OWNER was not responsible for supplying any material for said relocation work to be done by the awarded road contractor; and, WHEREAS the original agreement included clause V-12 stating that City of Palm Springs represents and warrants that this Utility Agreement is not subject to 23 CFR 635.510, the Buy America provisions; and, WHEREAS the project contractor will relocate OWNER's facilities as indicated in the original agreement and Caltrans 16 requesting Buy America clauses be added to ensure compliance to federal requirements ; and, WHEREAS, due to this request, it has been determined that the Agreement now will include Buy America clauses; NOW, THEREFORE, it is agreed between the parties as follows: I. The addition of Buy America clause V-8b: It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA and, 2. The addition of Buy America clause V- 11 a: Owner understands and acknowledges that this project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance. OWNER hereby certifies that in the performance of this Agreement, for products where BA requirements apply, it shall use only such products for which it has received a certification from its supplier, or provider of construction services that procures the product certifying BA compliance. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the implementation of BA requirements for utility relocations issued on December 3, 2013, and, 3. The addition of Buy America clause V-14a- If, in connection with OWNER's performance of the Work hereunder, CITY provides to OWNER any materials that are subject to the Buy America Rule, CITY acknowledges and agrees that CITY shall be solely responsible for satisfying any and all requirements relative to the Buy America AMENDMENT TO UTILITY AGREEMENT (Cont.) 13-EX-24 (REV 1 `2014) Page 2 of 2 Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule). 4. The addition of Buy America clause V-14b: CITY f irthcr acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, "Guidance") issued by CITY and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. 5. The removal of V-12; City of Palm Springs represents and warrants that this Utility Agreement is not subject to 23 CFR 635.510, the Buy America provisions. 6. All other terms and conditions of said Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Utility Agreement No. 503 this .... _ day of .._} 2021. AGENCY: CITY OF PALM SPRINGS By Date City anager APPROVED AS TO FORM: A %5 12 BY �Q eld /7 City Attorney OWNER: DESERT WATER AGENCY APPROVED By Date LOCAL AGENCY OF PALM SPRINGS UTILITY AGREEMENT CITY OF PALM SPRINGS UTILITY AGREEMENT COUNTY ROU1W STREET Riverside South fatm Canyon Drive. Federal Aid No.: BRLS 5282(042) Owner's FUe No.: 101-12.206 Page 100 POST Project NO. MILE NIA 061400D037L-N Federal faetidpation: On the Project Yes on the Utilities No UTILITY AGREEMENT NO.503 The City of Palm Springs hereinafter called "LOCAL AGENCY" will replace the existing South Palm Canyon Bridge (Br. No. 56C0408) over the Tahquitz Creek Channel with a wider bridge. Improvements will Include two lanes In each direction, a median, shoulders and a sidewalk on both sides. And: DESERT WATER AGENCY Hereinafter called "OWNER Owns and maintains water facilities; within the limits of the LOCAL AGENCYSs project that requires the relocation of said facilities to accommodate the LOCAL AGENCY s project. It Is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. = dated 10-16-19. LOCAL AGENCY shall relocate OWNER's 160 water main as shown on OWNER's Plan No, t01.1230 dated 8R/19, which plans are Included in LOCAL AGENCY'S Contract Plans for the Improvement of the South Palm Canyon Bridge which, by this reference are made a part hereof. Deviations from the OWNER's plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the LOCAL AGENCY and the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to approval by the OWNER of the Revised Notice to Owner. Changes In the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work by LOCAL AGENCY'S contractor during construction. Upon completion of the work by LOCAL AGENCY as approved by OWNER, OWNER agrees W accept ownership and maintenance of the constructed facilities and relinquishes to LOCAL AGENCY ownership of the replaced facilifes. W w . � c� UTILITY AGREEMENT (Cont.) No. II. LIABILITY FOR WORK Pap 2of3 The existing facilities are located within the LOCAL AGENCY'S right of way under permit and will be relocated at OWNER'S expense. 111. PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be performed by LOCAL AGENCY for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Contract, however, all directions to the LOCAL AGENCY'S contractor wig be directed to LOCAL AGENCY'S Resident Engineer for communication to the contractor. IV. PAYMENT FOR WORK The OWNER shall pay its share of the actual cost of said work included in the LOCAL AGENCY'S roadway construction contract within 90 days after receipt of LOCAL AGENCY's bill; complied on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the LOCAL AGENCY's roadway contractor is 5 592,000.00 V. GENERAL CONDITIONS If LOCAL AGENCY's project which precipitated this Agreement Is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to LOCAL AGENCY within 30 days of the completion of the inspection work described herein. City of Palm Springs represents and warrants that this Utility Agreement is not subject to 23 CFR 635.5% the Buy America provisions. THE ESTIMATED COST TO LOCAL AGENCY FOR THE ABOVE DESCRIBED WORK IS 12 Signatures on Following Page UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. 503 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written, CITY OF PALM SPRINGS APPROVED B _ David H. Ready, Esq., P D City Manager APPROVED AS TO FORM: S. Balli er Date City Attorney APPROVAL RECOMMENDED: Pete Castelan Date Utility Coordinator Overland, Pacific & Cutler, LLC. No. Owner: DESERT WATER AGENCY APPROVED Date: lIZ5,1-19 Pp,RJVED $Y CITY COUN'CL Pap 3 of 3