AMENDMENT NO. 1
TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
WOODARD AND CURRAN, INC.
TO PROVIDE SEPTIC TO SEWER PROJECT PLANNING
GRANT AND RELATED SERVICES
In accordance with the “Agreement for Professional Services” dated February 10, 2022, (referred to as the “Agreement”), by and between the City of Cathedral City, a municipal corporation (“City”) and Woodard and Curran, Inc., a California corporation (“Consultant”), and in accordance with Section 39 of the Agreement, entitled, “Amendments”, this Amendment Number One (1) to the Agreement is made and entered into this 11 th day of
October 2023, (“Effective Date”).
RECITALS
A. Consultant currently provides the City with professional planning grant and related services associated with the State Water Revolving Fund Program and the City’s Septic to Sewer Project, pursuant to the Agreement dated February 10, 2022.
B. City and Cons ultant desire to amend the Agreement as per Section 1 “Term of Agreement”, to extend the contract term for an increase in the term of the agreement for nineteen (19) months for a total of twenty -six (26) months. The termination date will be June 30, 2024
C. City and Consultant desire to amend the Agreement as per Section 4 “Compensation and Method of Payment”, to provide additional compensation in the sum of Six Thousand and Seven Hundred Dollars ($6,700), for said work.
D. Consultant is qualified and agrees to provide the services pursuant to the terms of this Amendment No. 1 to the Agreement and the City agrees to the amendments contained herein.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
Section 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 June 30, 2024.
Section 2. For the extension of time under this Amendment No. 1, the City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for said extension in the sum of Six Thousand and Seven Hundred Dollars ($6,700). In no event shall the compensation under the Agreement and this Amendment No. 1 exceed Forty - Two Thousand and Eighty Dollars ($42,080). The method of payment for the contract extension under this Amendment No. 1 shall be paid on a time and materials basis.
Section 3. Except as specifically amended by this Amendment No. 1 , 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. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
SUMMARY:
Amendment No. 1 extends the contract end date to June 30, 2024 and brings the contract total not-to-exceed amount to $42,080, as per request Exhibit A.
IN 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 WOODARD AND CURRAN
By: Charles P. McClendon By: Rosalyn Prickett, AICP
City Manager Principal
ATTEST:
By: Tracey R. Hermosillo, CMC By: Erica Wolski, PE
City Clerk Principal
By: Eric S. Vail
City Attorney
EXHIBIT “A”
Amendment No. 1 Request
Justification for the time extension in Amendment No. 1 is described in the attached letter dated September 28, 2023.
801 T Street
Sacramento California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701
Via Electronic Mail
September 28, 2023
Armando Baldizzone
City Engineer, Public Works
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Re: Request for Amendment to CWSRF Septic -to-Sewer Planning Grant Application Contract
Dear Mr. Baldizzone:
Woodard & Curran is submitting this amendment request to continue to provide support to the City of Cathedral City (City) for the Septic -to-Sewer Clean Water State Revolving Fund (CWSRF) planning grant application. Woodard & Curran and the City executed an agreement for professional services for the planning grant application on February 10, 2022 . Woodard & Curran began work following notice to proceed and submitted the planning grant application to the State Water Resources Control Board (SWRCB) on September 14, 2022. The application is currently under review by SWRCB and coordination is ongoing . While planning grant agreement execution between SWRCB and the City was initially estimated for October 2023, the application submittal and SWRCB review process has taken longer than initially anticipated.
The most recent estimate provided by the SWRCB for agreement execution is as late as April 2024 thus requiring an extension through June 2024 and budget increase of $6,700 to cover the work remaining for the City to receive a grant agreement. This will bring the contract total to a fee not to exceed $42,080. The additional scope of work is detailed below.
SCOPE OF SERVICES
Task 1: CWSRF Planning Grant Application
The CWSRF planning grant application is currently under review by the SWRCB. The SWRCB has a number of reviewers that need to approve of the materials, which include the application package and the SWRCB Planning Design and Funding checklists. Once those are all approved, an agreement will be routed for review and signature . Woodard & Curran will continue to coordinate with the City and the SWRCB on any revisions or additional materials necessary to move the application forward in this process. Woodard & Curran will provide revised materials or responses to comments to the City for review and then submit to the SWRCB.
Monthly check-in meetings will be held when the SWRCB has relevant updates or comments through agreement execution, which is estimated to be April 2024.
Assumptions:
Exhibit A
City of Cathedral City 2 Woodard & Curran, Inc.
Septic-to-Sewer Amendment Request September 28, 2023
- The scope does not include grant administration support following execution of the planning grant agreement . Woodard & Curran can provide grant administration including preparation of disbursement requests and quarterly progress reports for the project under a separate scope and budget if requested. - SWRCB additional comments on the planning grant application will be minimal. - There will be no more than five conference calls with SWRCB and the City.
SCHEDULE
Woodard & Curran will continue work with the City while the amendment is being processed.
Woodard & Curran is requesting an extension through June 30, 2024.
BUDGET
The City’s budget will increase by $10,000 as there is a total of roughly $3,200 of Woodard & Curran invoices that have been submitted and not yet paid (invoices dated August 2 1, 2023 and September 21, 2023). The overall budget for the contract will increase by $6,700 to cover the remaining work needed to receive a grant agreement, bringing the total fee not to exceed $42,080. Woodard & Curran will bill the City on a time and materials basis.
We greatly appreciate the opportunity to continue working with the City on its funding goals.
Please feel free to call me at (914) 513 -2212 if you have any questions regarding this amendment proposal.
Sincerely,
Lindsey Wilcox
Project Manager
Associate Principal