1 AMENDMENT NO. 18
TO
DESIGN PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF CATHEDRAL CITY AND CNS ENGINEERS, INC.
FOR
PREPARATION OF DESIGN UPDATES AND RELATED SERVICES
FOR THE
CATHEDRAL CANYON LOW WATER CROSSING REPLACEMENT (NEW
BRIDGE)
AT THE WHITEWATER RIVER
In accordance with that certain “Agreement for Design Professional Services” dated April 9, 2008 (the “A greement”), by and between the c ity of Cathedral City, a municipal corporation (“City”) and CNS Engineers, Inc., a California corporation (“Design Professional”), and in accordance with Paragraph 29 of the Agreement, entitled, “Amendments,” t his Amendment Number Eighteen (18) to the Design Professional Services Agreement (“Agreement”) is made and entered into this 23rd day of March 2022, (“Effective Date”).
The purpose of this Amendment No. 18 to the Design Professional Services Agreement (DPSA), dated April 9 , 2008 is for CNS Engineers to provide additional right of way services requested by the City for the Cathedral Cany on Bridge at the Whitewater River.
A brief summary of the required additional services is listed below. A more detailed description of the changes is listed in Exhibit “A” – Scope of Services, Request for Contract Amendment No. 18 from CNS Engineers. No additional fee is included with this approval.
The estimated date of completion for the contract, as listed in Section 9, “Time of Performance”, is changed from the date previously authorized under the terms of the existing Agreement.
All other provisions in the existing Agreement as amended are considered in force.
Section 1. SCOPE OF SERVICES
The Scope of Services is as listed below and described in Exhibit ‘A,’ Request for Amendment No. 18 from CNS Engineers, attached hereto.
1. Program and Project Management Services
2. Appraisal Waiver Valuation/Minimum Value Estimate (MVE) in Lieu of Appraisal
3. Acquisition Services
4. Right of Way Certifications
2 Section 9. TIME OF PERFORMANCE
The term of the agreement shall be extended to July 24, 2023.
SUMMARY:
Amendment No. 1 8 amends the Scope of Work and Time of Per formance in accordance with the details listed in the attached Exhibit A.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 18 to be executed as of the date first written above.
City of Cathedral City CNS Engineers, Inc.
By: BY:
Charles P. McClendon James J. Lu, PE, SE
City Manager Principal in Charge
ATTEST:
By:_____________________________
Tracey Hermosillo
City Clerk
APPROVED AS TO FORM:
By: _________________________
Eric S. Vail
City Attorney
3 Exhibit “A”
Scope of Services
The Scope of Work included in Amendment No. 18 is described in the attached proposal dated February 15, 2022.
Civil and Structural Engineers
CNS Engineers, Inc. 11870 Pierce Street, Suite 265, Riverside, CA 92505 Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com
February 15, 2022
Mr. John Corella, P.E.
City Engineer
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Subject: Cathedral Canyon Drive Low-Water Crossing Replacement (New Bridge) at the Whitewater River City CIP Project No.: CCWW 8919
Request for Contract Amendment No. 18 (task budget adjustment without increase of the contract cost)
Dear Mr. Corella:
This letter is to request a contract amendment to address extra work for one (1) TCE extension for one Allottee ownership, known as BIA Parcel 88E. The TCE expires on 12/8/2021.
This acquisition will require the involvement and concurrence of the BIA, along with the concurrence of a Master-Lessor and a Sub-Lessee. The additional TCE extension will require a waiver valuation, acquisition services, ROW Certification update, and overall project management. The detailed scope of work is provided in our sub-consultant OPC’s cost proposal attached to this letter.
The design team requests shifting some of the remaining Other Direct Cost (ODC) budget to the labor task to complete the extra work. By reducing the ODC budget, we assume that the as-built plans will be submitted electronically without plotting on mylar, there will be no more field review meetings requiring our subconsultants to attend, and environmental or permitting supporting work for Terra Nova is no longer needed.
We request budget adjustment as follows to complete the task:
Task Current Budge
t Budget Adjustment Amended Budge t
7.10, Right-of-Way Appraisals and Acquisitions $175,278.03 $7,469.48 $182,747.51 ODC $55,829.64 ($7,469.48) $48,360.16
Additional Requested Budget $0.00
Current Contract Amount (Phases II, III & IV): $2,119,613.76 Proposed Amendment No.18 (this request): $0.00
Total Proposed Amended Contract Amount: $2,119,613.76
We appreciate the opportunity to work with the City a nd look forward to City’s approval of this contract amendment. Should you have any ques tions about this proposal, please feel free to contact me at (951) 687- 1005 ext.104 or by email at [email protected].
Sincerely,
James J. Lu, P.E., S.E.
Project Manager / Principal
CNS Engineers, Inc.
Attachments: OPC’s Scope and Cost Proposal
CC. Project File 8001
www.OPCservices.com | 2280 Market Street, Suite 200, Riverside, CA 92501 ph 951.683.2353 | fx 951.683.3901
February 14, 2022
Mr. James Lu, PE, SE
Senior Manager/Principal
CNS Engineers, Inc.
11870 Pierce Street, Suite 265
Riverside, CA 92505
SENT VIA EMAIL: [email protected]
RE: Cathedral City - Cathedral Canyon Drive Low Water Crossing Replacement @ Whitewater Bridge Contract Amendment / Change Order #4- Revised
Dear Mr. Lu:
Per our conversation and at your request, Overland, Pacific & Cutler, LLC (OPC) is submitting this request for a change order related to our current contract for the Cathedral City - Cathedral Canyon Drive Low Water Crossing Replacement @ Whitewater Bridge Project (Project) in Cathedral City, CA.
Pursuant to our discussions, one (1) TCE extension is needed for one Allottee ownership, known as BIA Parcel 88E. This acquisition will require the involvement and concurrence of the BIA, along with the concurrence of a Master-Lessor and a Sub-Lessee. The additional TCE extension will require a waiver valuation, acquisition services, ROW Certification update , and overall project management. The detailed scope of work and fees are provided below.
Scope of Work
Program and Project Management Services
1. Tracking and managing all budgetary-related aspects of the project associated with OPC’s Scope of Work.
2. Ongoing general consultation and project coordination with the City of Indio , governmental entities, and project team members.
3. Preparation of tracking reports that monitor the completion of project milestones of the various disciplines involved on the project.
4. Coordinate with federal and state oversight agencies, as applicable.
Appraisal Waiver Valuation/ Minimum Value Estimate (MVE) In Lieu of Appraisal In conformance with federal regulations, in the event that the value of an acquisition is estimated to be less than $10,000, we would recommend valuing those properties using a Waiver Valuation or Minimum Value Estimate (MVE) in lieu of a full right of way appraisal report. In these cases, a review appraisal would also not be required and would result in significant savings. Waiver Valuations would be completed in -house and are presented as an optional service. It should be noted though, that a waiver valuation would not be sufficient to condemn, if condemnation becomes necessary, in which case, a full appraisal report and appraisal review would need to be initiated.
1. OPC will mail a notification letter and acquisition policies brochure to the p roperty owner requesting permission to conduct an on -site inspection of the property, advising them of their right to accompany the Valuation Analyst at the time of the inspection, and requesting information regarding the property appraised which could influence the appraised value. The Valuation Analyst will review title information pertaining to respective ownership and will review drawings and other pertinent information relative to the parcel.
Cathedral City - Cathedral Canyon / Whitewater Bridge Project with CNS P a g e | 2 Contract Amendment/Change Order #4- Revised
2. The Valuation Analyst will inspect the property personally with the owner (if possible) and document the inspection with photographs for use in the report.
3. The Valuation Analyst will perform market research to support the selected appraisal methodologies.
4. The Valuation Analyst will prepare the latest Caltrans Mi nimum Value Estimate form according to the Caltrans Right of Way Manual.
5. OPC will receive and analyze the completed MVE report accordingly.
Assumption: Our assumption for the right of way impacts is that the takes would be minor with minimal amount of square footage needed, uncomplicated and any valuation would be $10,000 or less. Based on this assumption, OPC assumes that sufficient valuation of each required interest can be accomplished via completion of a Waiver Valuation. Such valuations will be prepared in accordance with federal regulation 49 CFR 24.102(c)(2). An appraisal waiver valuation would not be applicable if the value of the parcel is over $10,000 or if condemnation becomes necessary, in which case, a full appraisal report, appraisal review, and condemnation support services would need to be initiated at an additional cost.
Acquisition Services – Fee Owner/BIA/Master-Lessor/Sub-Lessee Negotiations (1 parcel) To accommodate construction of the project, OPC will approach one (1) landowner (along with BIA/ Master-Lessor, and Sub-Lessee) for the extension of an existing TCE up to the time period required . OPC’s scope of work will include:
1. Establish and maintain complete and current ownership files in a form acceptable to the City.
2. Receive and analyze title information, approved appraisal reports, and legal descriptions in sufficient detail to negotiate with property owners and other parties.
3. Prepare offer letter s, summary statements, and lists of compensable items in accordance with state or federal regulations and approval of the City.
4. Present written purchase offers to owner or their representatives. Secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable.
5. Follow-up and negotiate with each property owner, as necessary; prepare and submit recommended settlement justifications to the City for review and approval; review any independent appraisal secured b y property owner and coordin ate reimbursement of appraisal fees with the City. Ongoing negotiations and settlement discussions will continue for eight (8) weeks after the initial offer or if settlement or impasse is reached sooner.
6. Prepare and assemble contract amendments and related acquisition documents required to extend the duration of the existing TCE.
7. Maintain a diary report of all contacts made with property owners or representatives and a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Copies of all applicable written correspondence will be maintained in files.
8. Prepare an impasse letter for any parcel where, after diligent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest.
9. Transmit execut ed acquisition documents to the City . Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes pertinent data relative to the transaction.
ROW Certifications
Updated Right of Way Certification for the extended time on the TCE area will be provided.
Fees
OPC fees for the above scope of services total $7,469.48. The fees reflect the additional hours required for the involvement and concurrence of the BIA, along with the concurrence of a Master -Lessor and a Sub -Lessee. A breakdown of the Cost Plus Fixed fees will be provided in a separate pricing template.
Cathedral City - Cathedral Canyon / Whitewater Bridge Project with CNS P a g e | 3 Contract Amendment/Change Order #4- Revised
Accepted, Authorization to Proceed:
Additional Fees of $7,469.48
Signature/Title:
_______
Date:
Closing
If the proposed Change Order/ Contract Amendment #4 meets your approval , please sign the Authorization to Proceed box below and return to John Cutler at [email protected].
Respectfully submitted,
Victoria Cook
Director of Programs
OPC
Local Assistance Procedures Manual
Date:
Overland, Pacific and Cutler
DIRECT LABOR
Range Hours Total
Principal Consultant (PC) 24 @ 80.00$ 1,920.00$ Sr. Project Manager (Sr. PM) 6@ 61.53$ 369.18$ Agent (AG) 13 @ 24.04$ 312.52$
0@ - $
0@ - $
0@ - $
0@ - $
0@ - $
0@ - $
Total Direct Labor Costs (DLC)
Rate Total
43.4 % 1,129.14$
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) 0 %- $
General and Administrative (G&A) 117.6 % 3,059.60$
Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % 679.04 $
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding -$
2. Plotting -$
3. Transportation / Travel (Mileage will be the IRS standard rate.) -$
4. Overnight Deliveries -$
Total Other Direct Costs
SUBCONTRACTOR COSTS
Markup on Subcontractors (0%)
TOTAL COST
Caltrans EA: 08-925034L 2/9/2022
EXHIBIT 10-H
CITY OF CATHEDRAL CITY
COST PROPOSAL FOR CHANGE ORDER #4- TCE EXTENSION
Federal Project No.: BR-NBIL (504)
Classification Name
John Cutler
Project Name:
Professional Engineering Services for the Cathedral
Canyon Low Water Crossing Replacement (New Bridge)
at the Whitewater River
Consultant:
Subtotal Direct Labor Costs 2,601.70$
Anticipated Salary Increases (5%) (Escalation) -$
Initial Hourly
Rate
Todd Salvatore
Edwin Alex Flores
-$
7,469.48$
2,601.70$
FRINGE BENEFITS
1,129.14$
3,059.60$
679.04$
-$
-$
-$