HomeMy WebLinkAboutAgreement A-25-469 Amendment II to Agreement 13-767-1 (2).pdf Agreement No. 25-469
24-0207 Agreement No. 13-767-1
HSR 13-54-1
Agreement No. 13-767-1
AMENDMENT 2 TO COOPERATIVE AGREEMENT HSR13-54 BETWEEN
CALIFORNIA HIGH-SPEED RAIL AUTHORITY AND COUNTY OF FRESNO
THIS SECOND AMENDMENT ("Second Amendment") to Cooperative Agreement HSR13-
54 between California High-Speed Rail Authority and County of Fresno,entered into and effective
on the 1 st day of September, 2013 ("Original Agreement"), as amended by the Amendment 1 to
Cooperative Agreement HSR13-54 between California High-Speed Rail Authority and County of
Fresno, dated 6/23/2020 ("Amendment 1;" the Original Agreement together with Amendment 1
are the "Agreement"), is entered into by and between the California High-Speed Rail Authority,
an agency of the State of California,whose principal place of business and mailing address is 770
L Street, Suite 620 MS 2, Sacramento, California 95814, hereinafter referred to as the
"AUTHORITY", and the County of Fresno, a Political Subdivision of the State of California,
whose principal mailing address is 2220 Tulare Street, 6th Floor, Fresno, CA 93721, hereinafter
referred to as the "LOCAL AGENCY'.
Pursuant to Appendix C, Section (B)(2), of the Agreement, it is mutually understood and agreed
by and between the undersigned contracting Parties to amend the Agreement as follows:
A. Section 2,Definitions, shall be amended as follows:
a. Section 2.18 Construction Package 1, shall be added as follows:
"Construction Package 1 refers to construction activities within a certain segment of the
Project as more thoroughly described in an agreement that was executed on or about August
16,2013,by and between Tutor Perini/Zachry/Parsons,a Joint Venture, on the one hand,
and the AUTHORITY,on the other hand,for Construction Package 1,and any amendments
or change orders thereto,is hereby incorporated by reference."AUTHORITY shall provide
a complete copy of such agreement to LOCAL AGENCY not later than the date that the
parties execute this Second Amendment.
b. Section 2.19 Construction Package 2-3, shall be added as follows:
"Construction Package 2-3 refers to construction activities within a certain segment of the
Project as more thoroughly described in an agreement that was executed on or about June
10, 2015, by and between Dragados USA, Inc. and Flatiron West, Inc., on the one hand,
and the AUTHORITY, on the other hand, for Construction Package 2-3, and any
amendments or change orders thereto,is hereby incorporated by reference."AUTHORITY
shall provide a complete copy of such agreement to LOCAL AGENCY not later than the
date that the parties execute this Second Amendment.
B. Section 6.1, Authority's Contractor Performs Work, third paragraph only, shall be
deleted and replaced with the following:
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Agreement No. 13-767-1
"AUTHORITY shall cause AUTHORITY'S CONTRACTOR to diligently undertake, or
cause to be undertaken, the FACILITY WORK as specified in the TASK ORDER and/or
the permit issued by the LOCAL AGENCY for that specific FACILITY WORK. The
schedule and/or timeline for performance of the FACILITY WORK and the closure and
reopening by AUTHORITY'S CONTRACTOR of local roads relating to such FACILITY
WORK shall be set forth in an appropriate TASK ORDER and/or the permit issued by the
LOCAL AGENCY for that specific FACILITY WORK. The AUTHORITY shall, and the
AUTHORITY shall cause the AUTHORITY'S CONTRACTOR to, be responsible to
reimburse the LOCAL AGENCY for costs incurred by the LOCAL AGENCY caused by
delays in completing the FACILITY WORK in accordance with the schedule and/or
timeline specified in the TASK ORDER and/or the permit issued by the LOCAL AGENCY
for that specific FACILITY WORK. Such reimbursement shall be in addition to the amount
of the Road Remediation Agreement amount payable to the LOCAL AGENCY under
Appendix D, Section 2(B) hereof. The costs of delays may be predetermined in the form
of liquidated damages in the TASK ORDER and/or the permit issued by the LOCAL
AGENCY for such FACILITY WORK."
C. Appendix D, Local Agency Special Conditions, shall be amended as follows:
a. Section 2,Existing Conditions, shall be deleted and replaced in its entirety with the
following:
A. The PARTIES acknowledge degradation of the LOCAL AGENCY'S FACILITIES
(i.e., roads) as a result of the AUTHORITY and the AUTHORITY'S
CONTRACTOR'S detour and haul routes for the PROJECT and/or FACILITY
WORK. The PARTIES agree to the following:
The AUTHORITY shall pay LOCAL AGENCY a Road Remediation Agreement
amount in the total sum of$3,700,000.00 (Three Million Seven Hundred Thousand
Dollars). Said payment shall be due and paid by AUTHORITY to LOCAL
AGENCY upon execution of this Second Amendment by the parties. In
consideration of this payment, the LOCAL AGENCY will relieve the
AUTHORITY and the AUTHORITY'S CONTRACTOR from remediation and/or
repair to the LOCAL AGENGY'S FACILITIES.
b. Section 3, Schedule, shall be deleted and replaced in its entirety with the following:
AUTHORITY shall cause AUTHORITY'S CONTRACTOR to diligently undertake,
or cause to be undertaken the FACILITY WORK as specified in the TASK ORDER
and/or the permit issued by the LOCAL AGENCY for that specific FACILITY WORK.
The schedule and/or timeline for performance of the FACILITY WORK and the
closure and reopening by AUTHORITY'S CONTRACTOR of local roads relating to
such FACILITY WORK shall be set forth in an appropriate TASK ORDER and/or the
permit issued by the LOCAL AGENCY for that specific FACILITY WORK. The
AUTHORITY and the AUTHORITY'S CONTRACTOR also will be responsible to
reimburse the LOCAL AGENCY for costs incurred by the LOCAL AGENCY caused
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by delays in completing the FACILITY WORK in accordance with the schedule and/or
timeline specified in the TASK ORDER and/or the permit issued by the LOCAL
AGENCY for that specific FACILITY WORK. Such reimbursement shall be in
addition to the amount of the Road Remediation Agreement amount payable to the
LOCAL AGENCY under Appendix.D,,Section 2(B) hereof. The costs of delays may
be predetermined in the form of liquidated damages in the TASK ORDER and/or the
permit issued by the LOCAL AGENCY for such FACILITY WORK.The costs of such
delays are not part of the amount constituting the Road Remediation Agreement
amount.
D. All other terms and conditions as stated in the Agreement shall remain the same and shall be
unaffected by this Second Amendment.
IN WITNESS WHEREOF,the Parties have executed this Second Amendment to be effective as
of the last date written below.
Authority:
Ian Choudri Date
Chief Executive Officer
COUNTY OF FRESNO
Ernest 'Buddy" Mendes Date
Chairman of the Board of Supervisors of the
County of Fresno
Attest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno,State of California
By:
Deputy
For accounting use only:
Fund:0010
Subclass: 11000
Org:4510
Account:4375
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