HomeMy WebLinkAboutA6923 - CITY OF CATHEDRAL CITY - WIDENING OF RAMON RD BRIDGE OVER WHITEWATER RIV & STR IMPROVEMENTS 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 t5m day of jowvW , 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 Catrans 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 Loral 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
• ��f
Charles P. McClendon Iw` David H. Ready Esq.
City Manager two City Manager
ATTEST: ATTEST:
l �
Tracey R.Wartindiz, City Clerk on ark
APPROVED AS TO F APPROVE AS TO FORM:
/ =/� > l�
Eric S. Vail, City Attorney Jere allin r, City Attorney
M�RIdrmNErtY00tMCb
A4.92
EXHIBIT A
Total Federal Participating Federal snare NAG Share Pal.Springs Share C.dh.dml City Share
6nglneering and Admn $ 4,254,150.N $ 3,500,000.00 $ 3,M,550.00 $ MM.w $ 144,450.00 $ 144p50.00
glgMOFWay and U8":, $ 3,728,190.13 $ 2,145,760.33 $ 1, ,Sa1.63 $ 1,371,411.37 $ 156,209.25 $ 3 ,927.88
Cone ctmn and Inspection $ 32,055,508.09 $ 32,314,519.19 $ MIM,083.84 $ 6,335,590.18 $ M2,004.51 $ 1,249,MISS
Total $ OS,O12,848.21 $ 37,960,3M.53 $ 33,15il 4T $ 8,MMM $ ;M2,K3.M $ 1,695,239A6
Original Agreement $ 35.999,OOD.00 $ M,5015=00 $ 251236,362A0 $ 8,071,9M.00 $ 110151305.00 $ LM,257.00
Difference with Amendment l $ 9,038,g 21 $ 9,454,2A.53 $ 8, 6,823.47 $ 501,730.55 $ 142,MS.M $ 14.M.46
•
•
AGREEMENT
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
,#h
THIS AGREEMENT ("Agreement') is entered into this 3C , day of
�ivlJaN , 20 )I , ("Effective Date"), by and between the City of Palm Springs,
a charter aty 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, CPS and CCC share a common jurisdictional boundary between the
two cities along the centerline of Ramon Road between San Luis Rey Drive and Landau
Boulevard; and
WHEREAS, CPS and CCC previously entered into a cooperative agreement on
the preparation of a Project Study Report ("PSR") on the Project; and
WHEREAS, on behalf of both cities, CPS acting as lead Agency, submitted the
PSR to the California Department of Transportation ("Caltrans") to request federal
Highway Bridge Program ("HBP") funding for the Project; and
WHEREAS, Caltrans approved the request for HBP funding for the Project, and
has listed the Project in the 2011 Federal Transportation Improvement Program
(°FTIP"); and
WHEREAS, the 2011 FTIP has programmed a total of $35,998,000 for all
phases of the Project with $25,236,000 of federal HBP funds and $10,762,000 of local
funds; and
WHEREAS, CPS and CCC have entered into a separate agreement with the
Coachella Valley Association of Governments ("CVAG") for Regional Measure A
funding for the Project; and
WHEREAS, pursuant to the agreement with CVAG, CVAG has agreed to provide
Regional Measure A funds for 75% of the unfunded local portion of qualified Project
costs, with CPS and CCC responsible for 25% of the unfunded local portion of qualified
Project costs (or "Local Share"); and
WHEREAS, the cost estimate has been updated as per the Project Cost
Estimate Funding Source Breakdown, shown as Exhibit A. has been revised to quantify
appropriate fair shares percentages by the various phases as determined by actual
quantities, right of way and construction cost based upon jurisdiction; and
WHEREAS, CPS and CCC previously entered into a cooperative agreement on
the funding reimbursement of the project for the PE phase in the amount of $114,375
representing 50% of the local split between CPS and CCC for the Project; and
ORIGINAL BID
AND/OR AGREEMENT
WHEREAS, CPS has received authorization from Caltrans to proceed with the
PE and RW Phase of the Project, and Caltrans has obligated the federal HBP funds for
the PE and RW Phase; and
WHEREAS, the Local Share of PE Phase, RW Phase and CON Phase costs, will
be shared by CPS and CCC and distributed according to Exhibit A; 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.
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.
Section 2. Obligations.
a. CCC agrees to pay to CPS the Local Share of PE, RW, and CON Phase
costs as those costs are incurred within 30 days of receipt of invoice from
CPS including appropriate documentation showing total PE Phase costs
incurred less federal HBP funds and CVAG Regional Measure A funds
applied.
b. CPS shall invoice CCC not more frequently than quarterly.
C. CCC's obligation for its Local Share of each phase of costs shall be
$134,936 for the PE Phase; $334,663 for the RW Phase; and $1,210,657
for the CON Phase according to Exhibit A.
d. CCC's maximum obligation for its Local Share of all Phase costs shall not
exceed $1,680,257.
e. In the event a contribution may be made by the Agua Caliente Band of
Cahuilla Indians (°ACBCI") with its Tribal Transportation Program ("TPP"),
previously known as the Indian Reservation Roads ("IRR") funds towards
the Project, this Agreement shall be amended by the parties to reflect the
overall reduction in the Local Share costs of the Project, and the resulting
equitable shares equitably owed by CPS and CCC.
f. Obligations for funding the may exceed current estimates shall be the
subject of an amendment to the current funding agreement with CPS and
CCC.
Section 3. Notice.
a. Any notice, demand, or request either party desires, or is required to give
to the other party, or to any other person, shall be in writing and shall be
served either personally or sent by first class mail, postage pre-paid, to the
following addresses:
City of Cathedral City City of Palm Springs
68-700 Ave. Lalo Guerrero P.O. Box 2743
Cathedral City, CA 92234 Palm Springs, CA 92263
Attn: City Manager Attn: City Manager
b. Either party may change its address by notifying the other party in writing
of the change of address. Notice shall be deemed communicated at the time
personally delivered or after seventy two (72) hours from the time of depositing in
the U.S. mail, if mailed as provided in this section.
Section 4. Integration.
This Agreement supersedes any and all other agreements, either oral or written,
between the parties with respect to the subject matter of this Agreement, and contains
all of the covenants and agreements between the parties with respect to the subject
matter of this Agreement, and each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements have been made by or on
behalf of any party except those covenants and agreements embodied in this
Agreement.
Section 5. Interpretation.
This Agreement shall not be interpreted against either party on the grounds that
one of the parties was solely responsible for preparing it or caused it to be prepared as
both parties were involved in drafting it.
Section 6. Waiver.
No waiver shall be binding, unless executed in writing by the party making the
waiver, and no waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. Failure of
either party to enforce any provision of this Agreement shall not constitute a waiver of
the right to compel enforcement of the remaining provisions of this Agreement.
Section 7. Severability.
If any one or more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the
same shall be deemed severable from the remainder of this Agreement and shall not
affect, impair or invalidate any of the remaining sentences, clauses, paragraphs, or
sections contained herein.
Section 8. Governing Law.
The validity of this Agreement and any of its terms or provisions as well as the
rights and duties of the parties under this Agreement shall be construed pursuant to and
in accordance with California law.
Section 9. Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise
by either party of one or more such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or
any other default by the other party.
Section 10. Venue.
All proceedings involving disputes over the terms, provisions, covenants or
conditions contained in this Agreement and all proceedings involving any enforcement
action related to this Agreement shall be initiated and conducted in the applicable court
or forum in Riverside County, California.
Section 11. Successors in Interest.
This Agreement is and will be binding upon and will inure to the benefit of the
parties and their legal successors and assigns.
Section 12. Amendments.
This Agreement may be supplemented, amended or modified only by the written
agreement of the parties. No supplement, amendment or modification will be binding
unless it is in writing and signed by both parties.
Section 13. Counterparts.
This Agreement may be executed in counterparts and shall be deemed to be
executed on the last date any such counterpart is executed.
Section 14. Authority to Enter Agreement.
Each party warrants that the individuals who have signed this Agreement have
the legal power, right, and authority to make this Agreement and to bind each respective
party.
Section 15. Captions and Headings.
The captions and headings contained in this Agreement are provided for
identification purposes only and shall not be interpreted to limit or define the content of
the provisions described under the respective caption or heading.
* * * SIGNATURES ON NEXT PAGE * * *
IN WITNESS WHEREOF, this Agreement 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, City Manager 9 DAVID H. READY, City M er
ATTEST: ATTEST:
LCt'
GARY F. HOWtLL, Cit Clerk . , ity Clerk
P , O')y '3. Mej j a
APPROVED AS TO F RM: APPR AS O F M:
ERIC S. VAIL, City Attorney , City Attorney
APPROVED BY CITY COUNCIL
EXHIBIT A
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1 1
RAMON ROAD WIDENING
San Luis Rey Drive to Landau Boulevard
Including the Whitewater River Bridge
PROJECT COST ESTIMATE SUMMARY
Identifying Work within each City
Segment Al Nolt-HEPPanlcipating_ _ slipairi H"par"dipirth.1 Sagm N1A2 Non-HBPPMkcipeting,
San Lula R W to IN It west of westerly WI,. 2W A west of westarry bridaa abutment tc cart ride of Easa ride of landau BMd to GMIeWped Or IFtcludly
abument lnteau BNd r hlandau BIM
=iei.
0 2. - Ell
T ''gA¢ o Y =°`nam DNcrtplipn E$ b E SE E E S$ TOTAL
ROADWAY
oeme0lim SMS,430.00 $252,476.25 $292,9M.75 $10,859.25 $59,929.63 $59,929,63 $3R,270.75 $6,3W,W $315,970.75 $%],Slip.
NA,Ermiin,5mrmwater Cmrrd S23,000,,00 $9,890.00 $13,11C.00 5153,mo,w 57Ni,500.00 $76,500. $9,900.00 $1,385.00 $8,514.00 $185,9W,W
Tr.M,Signal lmprwements $500,000M $175,000.00 $325,000.W $gsamaW $17S,O01W $175.oN $GW $O.W $am $850,00000
Pavement Delinenion 520,000,00 $IO,OWW $10,00am $1).)50.00 $S,Bn,W $8,8R_GO $7,640.00 $1.%9.W ScsmA WIM0.00
5ti widening lmprpvemenls $Ll%%7.80 S4 ,575.05 S794,3n.75 $650,937.9S $316,3611,98 $3U,56A.M SiStHao A5 539,490.50 S604,]1].55 $2,4%,093.8
Ma WSubwiil Rounded 52,287,400.W S851,90R01) $1,435,4W.W $1,29L5O0W 5636,700.00 5654,9010. $9BI,000.W 5M,2W.W S9351800. $4,562,9W.
TRAFFIC CONTROL-STAGE CONSTRUCTION SS7,000OO $28,500.010 $28,SO0.W $BLWOW $40,500.00 $40'scam 542,000.00 SON $42,000.00 $I80.000.
CHANNEL IMPROVEMENTS $O.W Saw $0.W $2,498,500.00 $1,249,250.W S1,249,2SO.00 $ON Sam $0.00 $2,698,500
BRIDGECONSTRUCTRJN $p.W $O.W $0. $12,600,OOD.W $),182,W0.W SS,418,W0. $am $O.W 50. $12,6W,upp.
im MONLIWION $2W,5W.W $9),800.W $162,70. $1,830,1com $1,012,10ON $818,SW. $114,OW.W $5,4W.W $108,600 $2,204,60p
SUBTOTAL CONSTRUTON COST $L60igumm $9]S,1W.0 $1,626,600" $18,301,1W1 $3011201550.W $L1W,]50 SLt4Q0WM $53.EW.W $1,ni%,Ro. $22,OM,OW.
CONTINGENCIES
20%A suRtal Cmumtllm Cast $530.980.W
t Tab l m tll4mrdad .00 $L53I9UL5,000.0.W $325,320W $3,,6SO, 0W $2,,014,.110.W S3.635,110. 5228,OWW $10720W... $,21),280 $4,40,2W
CONSTRUCION ENGINEERING
13%95ubt 1CmstmdnaCoal $3%,63).W $127,166. $211A58.00 $2,3)9,Id3.W 51,315,67L50 $1,063,49J. $1M,2 . $6,6W $141232. $2,865,980
TOTAL nCOST L . . $10AW,157. 5L5t6 $n,lMA SIWPI2 $29,321,iB064W $lAMM $ Sl A g]3,0Wm
$ 4M um-MAMM
38% 62% SS% 45% 5x 95%
PRELIMM"ENGINEERING
15%MSubtatidC thnii nCost 5383,050.55 SA3,844.31 $239,206.24 $2,692,ORLSI $1,480.650.W 51,211."1.3 $167,63700 S8,381.IRS $159,255.15 S3,242,"9.3
ENVIROWENTALMnIGATION $O.W Sam $O.W $)B,AM.W $39,244.W $39,241. $O.W $GW 50. $)8.488.-
TOTALPROlM1U1RYFN6INEEMNGCO6r $3a3,O50.S $143,OM,31 S239,208,2d $kTMS]921 $1,519A%.50 $1.2W,M5.3 $16),W1.W 58,381.85 $159,t55.15 5L321,21-5;
TatlAcoetlii SW%OW.W S1Mp60.W $2","" 1)1 OOOAO $I,S20,BW.W $1,251,000 $16B4O00.W 54aooW $159,wam 53„32LOW.W
38% 62% 55% 45% 5% 95%
RIGMOF WAYw/mntingenry
Amunihms,TCEs,Improvements S6441,904.W $586,862.6/ $58,UC3.36 $829.Gn.W 5456,330.M $373,3W. $454,763.00 Saw S454,763. $1,929,358.00
Right of Wry Services $235,891,00 S28,306.92 S207,S84.0d $2D6,509.W $85,893.n $118,615.22 S10LW2.03 $am $103,002. $%3.402.W
Escalated Value in 4 Years $306,593.W $73549.1J $33,043.83 $339 BO0.W 56),4%.W $62301. $63,B18.W $O.W S63,81i $3W211.W
RIBM eiWryTPUI $98],3M.W 56p,]IB.]3 s"O'E69.2T SL164,OW 00 $6W,n9.B3 S554,290.1 $621,SA3.W $O.W S621,58 9l,]]L9n.W
UTILITY REIOCATION $2%.000.W Monaco $288,000.00 $231,000.W $228.OW.W S3,,DOOuOO 556,Cm.W, Sam $56"Naa $583,W0.W
AL RIGIrt0i w11T�T S1,283,388.W $6B6,T18.]3 ,659.2J $L3PSAWAO $83],119.63 $SSJ,1B0.1 $6)),583.W $p.W 307.52 _53,355.9ri.
TaIaICatRetanYd $I,183,000.W $692,OW.W 558],aDOm $ OOOAO $8%,000.W $557,OW. S678,000.00'. $am $678,000 S%356,000.W
70TAL PROILQ COST iS,131.ODOI $2.142,0001 $2,9M,000 $2R,506,oW $15,818,OoO $12,6B8,OW $1,362,OW $]9,OW $2,2B2,OW $35,%B,IXq
e/9/2016
Ramon Road Widening
Project Cost Estimate Funding Source Breakdown
HOP Participating iSegment 0) HBP Non-Paticipating(Segments Al&A2)
Local Match 11,47%of Total
88.53%of 75%ot Local
Total match 25%of Local Match 75% 25% TOTAL
NAG Cathedral CVAG Cathedral I HOP
MOP Federal Regional Palm Springs City Fair Regional Palm Springs City Fair FEDERAL PALM CATHEDRAL
Phase Funding measure A Fair Share @ Share Subtotal I MeasureA Fair Share @ Share @ Subtotal TOTAL FUNDING CVAG SPRINGS CITY
Preliminary Engineering $2,453,166 $238,375 $43,702 55% $35,756 45% $2,771,000 $413,250 $38,570 23% $99,180 72% $551,000 $3,322,000 $2,453,166 $651,625 $82,272 $134,936
Right of Way $1,234,994 $120,005 $24,001 60% $16,001 40% $1,395.000 51,470,750 $176,490 36% $318,663 64% $1,961,000 $3,356,ODO $1,234,994 $1,590,755 $200,491 $334,663
Construction $21,548,202 $2,093,949 $383,872 55% $314,077 45% $24,340,000 $3,735,750 $348.670 28% $896,580 72%1 $4,981,000 $29,321,000 $21,548,202 $5,829,599 $732,542 $1,210,657
total $25,236,362 $2,452,229 $451,575 $365,834 $28,506,000 55,619,750 $563,730 $1,314,423 $7,493,000 $35,999,000 $25,236,362 $8,071,979 $1,015,305 $1,690,257
Fair Share Percentages Determined by quantities and Cast Estimates
8/9/2016