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Home My WebLink AboutC23760 CVAG Reimbrusement Agrmnt - Cook Street Widening 601-05Contract No. C23760 CITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS STAFF REPORT REQUEST: Approve Reimbursement Agreement with Coachella Valley Association of Governments (CVAG) for the Design and Construction of the Cook Street Widening between Fred Waring Drive and Frank Sinatra Drive, (Project No. 601-05}. SUBMITTED BY: Michael Errante, P.E., Director of Public Works APPLICANT: Coachella Valley Association of Governments (CVAG) DATE: May 12, 2005 CONTENTS: Letter of Request from CVAG Reimbursement Agreement Informational Item with Vicinity Map Recommendation: By minute motion, approve the reimbursement agreement between the City of Palm Desert and CVAG for the funding of Cook Street Widening and authorize the Mayor to execute the agreement. Discussion: This project will widen Cook Street from Fred Waring Drive to Frank Sinatra Drive and will provide a six lane arterial roadway for this section. The project will include traffic signal modifications, utility relocations and drainage improvements. The road construction will alleviate the traffic congestion that currently exists on Cook Street. CVAG will be participating in the funding of this project and we are now ready to formalize that agreement. The estimated cost of this project is $9,000,000. The agreement with CVAG allows for project costs of $9,500,000. The proposed Capital Improvement Program budget recommends allocations from Measure A Fund 213 of $1,000,000 in fisca� year 05/06 and $8,000,000 in fiscal year 06/07. CVAG's share of this Project shall be the lesser of $4,750,000 or 50% of the eligible costs. The Coachella Valley Executive Committee, at its meeting of March 28, 2005 approved the reimbursement concept. The attached agreement establishes the Contract No. C23760 ' Staff Report: Approve Reimb. Agreement with CVAG for Cook Street Widening Page 2 of 2 May 12, 2005 various criteria under which the reimbursement shall occur. CVAG is requesting that City Council approve the document and return for processing. Therefore, staff recommends that City Council, by minute motion, approve the subject reimbursement agreement and authorize the Mayor to execute the agreement. Submitted By: � Alana Townsend Management Analyst Approval: � � A�M for Deve ment Services City Manager � Department Head: �'��,� S� '/� Jt � Michael Errante, P.E. Director of Public Works Finance Director � �� - - ,� . . :�. � .. .. . .._.,,., . .. . _ ._�:, ��=, , c..%.�,� ,-�, , ,. =E�-.-.,, „ . . „ . .. , `/%" �r � _�, �!1 � m a� w � ,� . ,� .� . -_ -, � �z� �� o �. ,.--.�-�,,' .•��' �. 0 vc � CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Honorable Mayor, and City Council From: Michael Errante, P.E., Director of Public Works Date: May 5, 2005 Subject: COOK STREET WIDENING INFORMATIONAL ITEM The Palm Desert Traffic Model and the General Plan have identified Cook Street as a six-lane transportation facility in its ultimate configuration. As part of the budget for the 2005/2006 Fiscal Year, the Public Works department has included $1,000,000 for preliminary design and data collection to improve Cook Street to six lanes. The importance of Cook Street as an arterial is widely recognized as evidenced by the fact that CVAG has agreed to contribute 50% of the cost (up to $4,750,000) of widening Cook Street from Fred Waring to Frank Sinatra Drive. The widening will provide six through traffic lanes with planted medians. The proposed project limits span a distance of approximately three miles. The Public Works department is optimistic that the road can be widened with minimal acquisition of right- of-way. The majority of the roadway can be widened within the existing right-of-way. In some places the existing median island may have to be reduced in width to accommodate the proposed three lanes of traffic in each direction. Additionally, some of the bike lanes on Cook Street may need to be eliminated for the same reason. The widening of Cook Street will ultimately be a benefit to the residents of Palm Desert by providing a less congested route between the freeway and Fred Waring Drive. Attached is a copy of the project scoping form for the Cook Street widening that you will be receiving as part of the 2005/2006 budget process. It provides a description, a table of estimated costs, and project schedule. Ultimately, it is planned that the project will be funded 50/50 by the Palm Desert Redevelopment Agency and CVAG. G:\PubWorksV2yan GaylerlWord Files�hAemos�memo - Info item - cook streei widening.doc PROJECT SCOPING FORM PROJECT NAME: Cook Street from F.W. to Frank Sinatra DEPARTMENT: Pubiic Works REVISION TO PREVIOUS SCOPE? YES X NO d E S C R. I P T. � O N PROJECT TYPE: X CONSTRUCTION EQUIPMENT PURCHASE PROFESSIONAL SERVICES OTHER (SPECIFY) SCOPE OF WORK (Include type of construction/equipment/consultant, number of square feet, project users, needs fulfilled by completion of project, life of project, etc.) This project will widen Cook Street from Fred Waring Drive to Frank Sinatra Drive. This will provide a six lane arterial for this section. The project will include traffic signal modifications, utility relocations and drainage improvements. The road construction will alleviate the traffic congestion that currently exist on Cook Street. CVAG will be contributing 50% of the project costs. ESTIMATED COSTS: R.O.W. / LAND ACQUISITION CONSTRUCTION PROFESSIONAL SERVICES FURNISHINGS & EQUIPMENT � � ADMINISTRATION S T CONTINGENCY 10 °10 S TOTAL PREVAILING WAGE? X YES NO CHANGE IN ANNUAL OPERATIONS & MAINTENANCE COSTS INCREASE / DECREASE IN STAFF No Change FUNDING SOURCES: GENERAL FUND (FY / ) 1,500,000 5, 000, 000 800, 000 800,000 900, 000 $9,000,000 Minimal Increase REDEVELOPMENT AGENCY 33433 Report? YES NO GRANT (IDENTIFY SOURCE) $500,000 CVAG OTHER (IDENTIFY� $500,000 Fund 213 Measure A Fund PROJECT SCOPING FORM (Page 2 of 2) S C H E. D ,U. 1: E SCHEDULE: CONSULTANT SELECTION R.O.W.ILAND ACQUISITION DESIGN BID PERIOD AWARD CONSTRUCTION COMPLETION MAINTENANCE PERIOD 07/05 to 01/06 01 /06 to 04106 04/06 05/06 to 07/06 o7ios CONTRACTING METHODS (Designlbid/construct, design-build, procure through telephone quotes or CMAS vendors, etc.) Design/bidiconstruct, formal bidding process R E V. 1 E �, S. REVIEW/APPROVAL PROCESSES (check all that apply) AIPP CEQA / NEPA Technology Committee Architectural Review Commission Planning Commission President's Committee Parks Committee PA #4 Advisory Cammittee Public Safety X City Council / Agency Board Housing Commission Finance Commission Retail Committee Landscape Beautification Committee Other (Specify) PREPARED BY: DATE: G:1PubWorksWlana TownsendlWord Filesl6udgetlFY 05-061CIP Project Scoping Form-White paperslCook St. Widening from FW to Frank Sinatra.dot 9 March 2004 - _ ..._ .. .,,, ..:. ....._r. ,...,_.,.,....,...,a.�....,.�..,�.�m,�..k�.>.w,.<,-._,.�». �,.._.,: - - - ,,....._,.. �- � ::,. ,. : . ..,..__ _. .. � � �w�i �L� , ,,,�, i4'I�ION of,GOVERNMENTS COACH�LL�►►��,.,,....,....�EY ASS�C1�..�.�.�.. �,�.�,�. ,�,�,,.�..��..�..�r.�. Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians Apri14, 2005 Mr. Carlos Ortega City Manager City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA. 92260 Dear Mr. Ortega: Enclosed are four reimbursement agreements between the City of Palm Desert and Coachella V alley Association ofGovernmen�s (CVAG) forDesign & Construction of"Cook Street Widening (Fred Waring Drive to Frank sinatra Drive)". This agreement was approved by the Executive Committee on March 28, 2005. Please have the documents signed and return them to me. When complete I will send you an executed original for your records. If I maybe of further assistance, or if you have anyquestions regarding this agreement, please call me at (?60) 346-1127. Sincerely, COACHELLA VALLEY .. . ASSOCIATION� OF GOVERN1l�ENTS � � MARY M. GODFRE'S�' �� Administrative Services Assist nt cc: Anne Azzu, Dept. of Transportation . 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 •[760) 346-1127 • FAX [760) 340-5949 , _,. ... . . .. . . ,. .. _. ,, -.. .�.,.�,��,Y.,L_ ,,,... ,-=,..:>,:�... ., _.-�- CONTRACT NO. C23760 CITY OF PALM DESERT- CVAG REIMBURSEMENT AGREEMENT FOR DESIGN � CONSTRUCTION "COOK STREET WIDENING (FRED WARING DRIVE TO FRANK SINATRA DRIVE)" THIS AGREEMENT is made and entered into this day of , 2005, by and befinreen the City of Palm Desert ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The Executive Committee of CVAG, at their meeting of October 25, 2Q04, approved a list of Regional Transportation Projects and the amounts recommended for funding through the RCTC bond sale process for the total amount of $28,275,000, and; CVAG by agreement with its member agencies and with the Riverside County Transportation Commission (RCTC), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and Under CVAG's customary method of funding eligible projects with member jurisdictions, a jurisdiction pays one-half of the applicable costs (the "Jurisdiction One-Half') and CVAG pays the other one-half (the "CVAG One-HaIP'). Historically, the CVAG One-Half has been paid after project completion as a reimbursement to the jurisdiction (the "Reimbursement Policy.") Agency desires to proceed with a project known as "Cook Street Widening to Six Lanes from Fred Waring Drive to Frank Sinatra Drive" (the "Project"). The estimated cost of the Project is $9,500,000. CVAG's share of Project costs is not-to-exceed $4,750,000. Agency agrees to submit only those costs which are eligible under CVAG's adopted policies as outlined in CVAG's Policies and Procedures Manual. Any excess property purchased to secure the necessary Right-of-Way will be deemed to belong to the Regional Arterial Program. Excess property wil! be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. NOW, THEREFORE, in consideration ofthe mutual covenants and subjectto the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement forthe reimbursement offunds by CVAG shalf apply only to those regional arterial projects that have heretofore been identified in the CVAG Executive Committee staff report of October 25, 2004, and the Regional Transportation Projects therein listed as included in the RCTC bond sale process forthe total amount of $28,275,000. The Cook Street Widening Project is one of those projects and is therefore eligible. 2. The Project is generally described as and consists of the followinQ:"Cook Street Widenina to Six Lanes from Fred Warin4 Drive to Frank Sinatra Drive." These services will Cook St. from Fred Waring to Frank Sinatra/City of Palm Desert - CVAG Funding Agreement March 2005 Pagel CONTRACT NO. C23760 hereinafter be referred to as the "ProjecY'. 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services - Cook Street Widenina to Six Lanes from Fred Warinca to Frank Sinatra Drive" attached hereto and made a part hereof. The cost estimate for the Project is mare particularly described in Exhibit "B" -"Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount ofthe Jurisdiction One-Half and the CVAG One-Half shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. Exhibit "C" is the "Project Schedule". 4. It is the agreement between CVAG and Agency that of the total estimated cost of the Project $9,500,000, CVAG shall pay $4,750,000, and City of Palm Desertshall pay its remaining One-Half and costs not eligib{e for reimbursement by CVAG. 4.1 Payments to Agency shall be made upon presentation to CVAG of statements from Agency, certifying by Project its costs, and enclosing therewith copies of contractor's invoices, evidence of payment, and such other information and records as may be required by CVAG to verify costs, provided however, that such payments shall be made to Agency no more frequently than monthly. Agency shaN submit a Project Completion Report to CVAG. 5. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and other expenses incurred, and final payment will thereafter be paid by CVAG in accordance with its rules and regulations and policies concerning Project Cost Determination and Expense Eligibility. 6. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit "A" or an increase of any costs over those shown in Exhibit "B", CVAG will in good faith consider an amendmentto this agreement to include any such costs under this agreement so as to provide thereby for further reimbursement to be made on account thereof. The Scope of Work shall be sub}ect to changes, far the purpose of CVAG payment, by additions, deletions, or revisions by agreement between Agency and CVAG if such changes are in accordance with the policies, p�ocedures, and cost determination/expense eligibility criteria adopted by CVAG. 7. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project, or if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency further agrees that all such files and records will be made available to CVAG upon its reasonable request. 8. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF funds. All project public notices, news releases, and documents should indicate the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure "A"lTUMF funds. Prior to initiation of on-site construction, Agency agrees to provided at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that Cook St. from Fred Waring to Frank SinatralCity of Palm Desert - CVAG Funding Agreement March 2005 Page2 CONTRACT NO. C23760 are providing funds for the construction of the project. Exhibit "D" -"Project Sign", provides a guide for Project Sign format. 9. This agreement is forfunding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or ownership of the Project or to make it as a partneror joint venturerwith Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies and their respective officers and employees, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions or inactions of the Agency taken in the performance of the Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, employees, and agents, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and descriptions to which they may be subjected or put, by reason of, or resulting from, the actions of CVAG taken in the performance of the Agreement. 10. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by Agency on each contract. Agency will provide a copy ofthe Insurance Certificate to CVAG, depicting CVAG and its member agencies, within 30 days of signing a contract with the prime contractor. 11. Any dispute concerning a question of fact arising under this contract that is not disposed of by agreement shall first be decided by the CVAG Executive Director or designee, who may consider written or verbal evidence submitted by agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in anyway limit either party's rights and remedies through actions in a Court of Lawwith appropriate jurisdiction. Neitherthe pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this contract. 12. Any agency receiving federal funds must have an approved Disadvantaqed Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, title 49 of the Code of Federaf Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transpo�tation programs. 13. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing (such as Federal Express or UPS)}, sent by telecopier or telefacsimile ("FAX") machine capable of confirming transmission and receipt, orsent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to Agency: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Manager Telephone: (760) 346-0611 FAX No.: (760) 341-7098 Cook St. from Fred Waring to Frank Sinatra/City of Palm Desert - CVAG Funding Agreement Mazch 2005 Page3 CONTRACT NO. C23760 If to CVAG: CVAG 73-710 F�ed Waring Drive Palm Desert, CA 92260 Attn: Deputy Executive Director Telephone: (760) 346-1127 FAX No.: (760) 340-5949 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (I) date of delivery as indicated on the written confirmation of delivery (if sent by ovemight courierservice); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine), or; (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 14. This agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 15. Ifanyterm, provision, condition, orcovenantofthisagreement, ortheapplication thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances otherthan those as to whom orwhich it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. 16. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other actions arising out of this agreement, orthe transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of actual attomeys' fees and costs incurred in such action or proceeding, without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 17. This agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. Cook St. from Fred Wazing to Frank Sinatra/City of Palm Desert - CVAG Funding Agreement Mazch 2005 PageA C4NTRACT NO. C23760 !N WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: L� City Clerk ATTEST: By: John Wohimuth, Executive Director CITY OF PALM DESERT L� CVAG Mayor V � By: ` CVAG Chairm Cook St. from Fred Waring to Frank Sinatra/City of Palm Desert - CVAG Funding Agreement Mazch 2005 PageS CONTRACT NO. C23760 EXHIBIT "A" SCOPE �F SERVICES DESlGN � CONSTRUCTION "COOK STREET WIDENING (FRED WARING DRIVE TO FRANK SINATRA DRIVE)" This projectwill widen Cook Streetfrom Fred Waring Drive to Frank Sinatra Drive. This will provide a six lane arterial roadway for this section. The project will include traffic signal modifications, utility relocations and drainage improvements. The road construction will alleviate the traffic congestion that currently exists on Cook Street. CVAG will only pay for improvements eligible for reimbursement as outlined in the adopted Project Cost Determination and Expense Eligibility manual. Cook St. from Fred Waring to Frank Sinatra/City of Palm Desert - CVAG Funding Agreement Mazch 2005 Page6 CONTRACT NO. C23760 EXHIBIT "B" ESTIMATE OF COST DESIGN 8� CONSTRUCTION "COOK STREET WIDENING (FRED WARING DRIVE TO FRANK SINATRA DRIVE)" (FROM ESTIMATE PROVIDED BY THE CITY OF PALM DESERT) Fundina aqreed upon as follows: CVAG Share - Bonding Future Measure "A" Funds City of Paim Desert Share - Local Funds Total $4,750,000 $4.750.000 $ 9,500,000 List of Reqional Transportation Proiects funded throuah Bond Sale Proceeds: Aqencv Riverside County Palm Desert Palm Desert Rancho Mi�age Indio Indio Indio Indio Coachella Recommend. Proiect Monterey Avenue Portola Avenue Bridge Cook Street Monterey Avenue Jackson Street Avenue 42 Avenue 50 Jefferson Street Ave. 50/ I-10 Interch. Total Proi. Cost $ 1,385,000 $ 8, 500, 000 $ 9,500,000 $ 2,834,000 $ 3,100,000 $10,000,000 $11,000,000 $ 4, 900, 000 $15.000.000 Bonded Amount $ 700, 000 $ 4,250 000 $ 4,750,000 $ 1,425,000 $ 1,650,000 $ 5, 000, 000 $ 550, 000* $ 2,450,000 � 7.500.000 Total $66, 219, 000 $28,275,000 *Costs for Engineering Plans and Environmental Document. Construction period estimated at 2-3 years Cook St. from Fred Waring to Frank SinatralCity of Palm Desert - CVAG Funding Agreement Mazch 2005 Page7 CONTRACT N�O. C23760 EXHIBIT "C" PROJECT SCHEDULE DESIGN 8� CONSTRUCTION "COOK STREET WIDENING (FRED WARING DRIVE TO FRANK SINATRA DRIVE)" Design Bid Period Bid Award Construction Project Completion 07/05 - 01/06 - 04l06 051Q5 - 07/06 01106 04/06 07/06 Cook St. from Fred Waring to Frank Sinatra/City of Palm Desert - CVAG Funding Agrcement Mazch 2005 Page8 CONTRACT NO. C23760 EXHIBIT "D" "PROJECT SIGN" DESIGN � CONSTRUCTION "COOK STREET WIDENING (FRED WARING DRIVE TO FRANK SINATRA DRIVE)" The Proiect Sian shaii consist of the followinq information: MEASURE"A" PROJECT YOUR TAX DOLLARS AT WORK "PROJECT NAME" FUNDED BY: — RIVERSIDE COUNTY TRANSPORTATION COMMISSION/ CQACHELLA VALLEY ASSOCIATION OF GOVERNMENTS — LEAD AGENCY/AGENCY TOTAL $ x.xxx.xxx Other information, such as the City Logos and/or Measure "A" Funds Logo, is encouraged. u:lwplagreel6ond Projectslpdportola205 Cook St. from Fred Waring to Frank Sinatra/City of Palm Desert - CVAG Funding Agreement Mazch 2005 Page9