AMENDMENT NO. 2
TO THE
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
KIMLEY-HORN AND ASSOCIATES, INC.
FOR
CIP 8751 – TRAFFIC SAFETY IMPROVEMENTS (HSIP CYCLE 9B)
In accordance with the “Agreement for Design Professional Services” dated January 8, 2020, as modified by Amendment 1 on June 23, 2021 ( collectively referred to as the “Agreement”), by and between the City of Cathedral City, a municipal corporation (“City”) and Kimley- Horn and Associates, Inc., a California corporation (“ Consultant”), and in accordance with Section 39 of the Agreement, entitled, “Amendments”, this A
mendment Number Two (2) to the Agreement is made and entered into this 30th day of December 2022, (“Effective Date”).
RECITALS
A. Consultant currently provides the City with professional engineer ing services associated with the Date Palm Drive and Varner Road Traffic Safety Impr ovements Project (CIP 8751) pursuant to the Agreement dated January 8, 2020 and pursuant to Amendment No. 1 dated June 23, 2021.
B. City desires to amend the Agreement as per Section 1, to: extend the contract term to allow for completion of the Historic Property Survey Report (HPSR) and to accommodate for the bidding and construction phase of the project.
NO
W, THEREFORE, for good and valuable consideration, the parties agree as follows:
Se
ction 1. The agreement termination date as set forth in the Agreement is hereby amended such that it shall expire at the end of business day on December 31, 2023.
Se
ction 2. Except as specifically amended by this Amendment No. 2, the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.
SUM
MARY:
Am
endment No. 2 extends the contract end date to December 31, 2023 as per request Exhibit A.
I
N WITNESS WHEREOF, the parties hereto have caused this Agreement No. 1 to be executed as of the date first written above.
CITY OF CATHEDRAL CITY KIMLEY-HORN AND ASSOCIATES, INC.
By: Charles P. McClendon By: Jean Fares
City Manager Sr. Vice President
ATTEST:
By: Trac ey R. Hermosillo By:
City Clerk
By: Eric S. Vail
City Attorney
EXHIBIT “A”
Time Extension Request
J
ustification for the time extension in Amendment No. 2 is described in the attached letter dated December 12, 2022.
kimley-horn.co
kimley-horn.com 45-025 Manitou Drive, Suite 11, Indian Wells CA, 92210 760-610-0819 D
ecember 12, 2022
John Corella, PE
City Engineer / Public Works Director
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Re: CIP 8751 – Traffic Safety Improvements (HSIP CYC
LE 9B) – Time Extension
Dear Mr. Corella:
The contract agreement for above referenced project is expiring on December 31, 2022. The original scope was expanded on June 23, 2021 to complete an Area of Potential Effects (APE) Map, an Archaeological Survey Report (ASR), and a Narrative Historic Property Survey Report (HPSR).
Due to delays in the record research process, California Department of Transportation (Caltrans) review process, and review and records research by Native American Heritage Commission (NAHC) the project can not be completed by December 31, 2022.
Caltrans provided additional HPSR review comments on December 12, 2022 and requested to to provide the Section 106 documents to the Tribe for review before deciding how to proceed with consultation.
The plans and specifications are in final review and are pending completion of the HPSR.
Kimley-Horn is requesting a time extension of the contract to December 31, 2023 to allow for completion of the HPSR and to accommodate for the bidding and construction phase of the project.
Please contact me by phone at 760 610 0819 or e-mail at [email protected] with any questions or comments.
Sincerely,
Frank Hoffmann, PE
Kimley-Horn