HomeMy WebLinkAboutC22870A CVAG Reimbursement Agrmnt - Portola Avenue Bridge at Whitewater ChannelREQUEST:
CITY OF PALM DESERT
DEPARTMENT OF PUBLIC WORKS
STAFF REPORT
Approve Reimbursement Agreement with Coachella Valley
Association of Governments (CVAG) for the Design and
Construction of the Portola Avenue Bridge at the Whitewater
Channel (Contract No. C22870).
SUBMITTED BY: Michael Errante, P.E., Director of Public Works
APPLICANT: Coachella Valley Association of Governments
DATE: May 12, 2005
CONTENTS: Letter of Request from CVAG
Reimbursement Agreement
Vicinity Map
Recommendation:
By minute motion, approve the reimbursement agreement between the
City of Palm Desert and CVAG for the funding of the Portola Avenue
Bridge over the Whitewater Channel and authorize the Mayor to execute
the agreement.
Discussion:
On October 14, 2004 the City Council approved the design contract for the
Portola Avenue Bridge over the Whitewater Channel with Moffat Nichol of Irvine
California. City Council has approved the aesthetic treatment of the Bridge and
staff anticipates beginning the bidding process in May of 2005. This project will
provide a bridge on Portola Avenue over the Whitewater Channel from
approximately Magnesia Falls Drive to Quicksilver Drive. It will eliminate the low
water crossing thereby allowing improved access during storm events. CVAG
will be participating in funding this project and we are now ready to formalize that
agreement.
The estimated cost of this project is $8,500,000. The City currently has $700,000
budgeted in the Capital Improvement Program for this fiscal year. The proposed
Capital Improvement Program budget recommends allocations from Capital
Project Reserve Fund 400 of $4,000,000 in fiscal year 05-06 and $4,000,000 in
fiscal year 06/07. CVAG's share of this Project shall be the lesser of $4,250,000
or 50% of the eligible costs.
Staff Report: Approve Reimbursement Agreement with CVAG for Portola Bridge
Page 2of2
May 12, 2005
The Coachella Valley Executive Committee, at its meeting of March 28, 2005
approved the reimbursement concept. The attached agreement establishes the
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: Department Head:
Alana Townsend Michael Errante, P.E.
Management Analyst Director of Public Works
Approval:
ACM for Development Services
City Manager
Finance Director
W:Wgenda Items\2005-May 12\Approve CVAG Reimbursement Portola Bridge 647-04.doc
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April 1, 2005
Mr. Carlos Ortega
City Manager
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA. 92260
Dear Mr. Ortega:
���/�� V ��
C1N OF P��M DESERT
CITY MANAGER
APR o � zoo5
Enclosed are four reimbursement agreements between the City of Palm Desert and Coachella Valley
Association of Governments (CVAG) for Design & Construction of "Portola Avenue Bridge at the
Whitewater Channel". 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 may be of further assistance, or if you have any questions regarding this
agreement, please call me at (760) 346-1127.
Sincerely,
COACHELLA VALLEY ,
ASSOCIATION OF GOVERNMENTS
MARY M. GODFREY
Administrative Services Assistant
cc: Anne Azzu, Dept. of Transportation
73-710 Fred Waring Drive, Suite 20D • Palm Desert, CA 92260 •(760) 346-1127 • FAX (760) 340-5949
CONTRACT NO. C22870A
CITY OF PALM DESERT- CVAG REIMBURSEMENT AGREEMENT
FOR
DESIGN � CONSTRUCTION
"PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL"
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, 2004, 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 cegional transportatian 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-Half�. 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 "Portola Avenue Bridge at the Whitewater
Channel" (the "Project"}. The estimated cost of the Project is $8,500,000. CVAG's share of
Project costs is not-to-exceed $4,250,000. 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 will be disposed of in the best interests of the
Regional Arterial Program, in order to recapture funds expended.
NOW, THEREFORE, in consideration of the mutual covenants and subjectto the conditions
contained herein, the parties do agree as follows:
1. The program embodied in this agreement forthe reimbursement of funds by CVAG
shall apply only to those Regional Transportation Projects through Bond Sale Proceeds that have
heretofore been identified and approved by the CVAG Executive Committee on October 25, 2004.
The Project is one of those projects and is therefore eligible.
2. The Project is gene�alfy described as and consists of the following: "Portola
Avenue Bridae at the Whitewater Channel." These services will hereinafter be referred to as
the "Project".
Portola Avenue Bridge/City of Palm Desert - CVAG Funding Agreement Mazch 2005 Pagel
CONTRACT NO. C22870A
3. The scope of work of the Project is more particularly described in Exhibit "A",
enti�ed "Scoae of Services - Portola Avenue Bridae at the Whitewater Channel „ attached
hereto and made a part hereof. The cost estimate for the Project is more 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 of the 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$8,500,000, CVAG shall pay$4,250,000, and Cityof Palm Desertshall payits remaining
4ne-Half and costs not eligible 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 infocmation 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 shall 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 cantaining a record of all payments made for said Project and the source of
funds of all such payments, togetherwith a record of a{I change ordeTs, 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 conceming Project Cost Determination and Expense Efigibility.
6. The parties agree that should unforeseen circumstances arisewhich 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 amendment to this agreement to include any such costs under
this agreement so as to provide thereby forfurther reimbursement to be made on account thereof.
The Scope of Work sha11 be subject to changes, for 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, procedures, 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"lTUMF 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"/TUMF 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
are providing funds for the construction of the project. Exhibit "D" -"Project Sign", provides a
guide for Project Sign format.
Portola Avenue Bridge/City of Palm DeseR - CVAG Funding Agreement March 2005 Page2
CONTRACT NO, C22870A
9. This agreement is forfunding purposes onfy 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 partner or 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 pertormance 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 of the Insurance Certificate to CVAG, depicting CVAG and its member agencies,
within 30 days ofi 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 sha{I be issued in
writing. However, no aetion in accardance with this Section shall in any way limit either party's rights
and remedies through actions in a Court of Lawwith appropriate jurisdiction. Neither the 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 HighwayAdministration (FHWA) funds must
carry out the provisions of Part 26, title 49 of the Code of Federal Regulafions {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
Transportation 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 conftrming transmission
and receipt, or sent by certified or registered mail, retum receipt requested, postage prepaid to the
following parties at the following addresses or numbers:
{f 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) 341-7Q98
Portola Avenue Bridge/City ofPalm Desert - CVAG Funding Ageement March 2005 Page3
CONTRACT NO. C22870A
If to CVAG: CVAG
73-710 Fred Waring Drive
Paim 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: (1) date of delivery as indicated on the written confirmation of delivery (if sent by
ovemight courier service); (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 retum receipt if sent by certified or registered maii, 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 he�ein 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. If anyterm, provision, condifion, orcovenantofthis agreement, orthe application
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 faw.
16. In the event either party hereto brings an acbon or proceeding for a declaration
of the rights of the parties, for injunctive relief, fo� 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 attorneys' 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.
Portola Avenue BridgelCity of Palm Desert - CVAG Funding Agreement Mazch 2005 Page4
CONTRACT NO. C22870A
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
duly authorized representatives on this date:
ATTEST:
By:
c�ty cie�
ATTEST:
By:
John Wohlmuth,
Executive Director
CITY OF PALM DESERT
By:
CVAG
Mayor
V
By: � ��i�-�.----
CVA� Chairma
Portola Avenue Bridge/City of Palm Deserc - CVAG Funding Agreement March 2005 PageS
CONTRACT NO. C22870A
EXHIBIT "A"
SCOPE OF SERVICES
DESIGN � CONSTRUCTION
"PORTOLA AVENUE BRIDGE AT THE WHITE WATER CHANNEL"
This project will provide a bridge on Portola Avenue over the White water Channel from
approximately Magnesia Falls Drive to Quick Silver Drive. It will eliminate the low water crossing
thereby allowing improved access during storm events.
CVAG will only pay for improvements eligible for reimbursement as outlined on page 1/ recitals of
this agreement.
Portola Avenue Bridge/Ciry of Palm Desert - CVAG Funding Agreement March 2005 Page6
EXHIBIT "B"
ESTIMATE OF COST
DESIGN & CONSTRUCTlQN
C()NTRACT NO. C22870A
"PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL"
(FROM ESTIMATE PROVIDED BY THE CITY OF PALM DESER�
Fundinq aareed upon as foilows:
CVAG share - Bonding Future Measure "A" Funds
City of Palm Desert Share - Local Funds
Total
$4,250,000
$4.250,000
$ 8,500,000
List of Reaional Transportation Proiects funded throuah Bond Sale Proceeds:
Aqencv
Riverside County
Palm Desert
Palm Desert
Rancho Mirage
Indio
Indio
Indio
Indio
Coachella
Recommend. Proiect
Monterey Avenue
Portola Ave. Bridge
Cook Street
Monterey Avenue
Jackson Street
Avenue 42
Avenue 50
Jefferson Street
Ave. 50/ I-10 Interch.
Total
Totai Proi. Cost
$ 1,385,000
$ 8,500,000
$ 9,500,000
$ 2,834,000
$ 3,100,OQ0
$10,000,000
$11,000,000
$ 4,900,000
$15.000.000
$66,219,000
Bonded Amount
$ 700,000
$ 4,250 000
$ 4,750,000
$ 1,425,000
$ 1,650,000
$ S,OOQ,000
$ 550,000*
$ 2,450,000
$ 7.500.000
$28,275,000
*Costs for Engineering Plans and Environmental Document. Construction period estimated at 2-3 years
Portola Avenue Bridge/City of Palm DeseR - CVAG Funding Agreement March 2005 Page7
CONTRACT NO. C22870A
EXHIBIT ��Ci��
PROJECT SCHEDULE
DESIGN 8� CONSTRUCTION
"PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL"
Design Q8/04 - 04/05
Bid Period 04/05 - 05l05
Bid Award 05/05
Construction 06/05 - 12/08
Compfetion 12/06
Portola Avenue Bridge/City of Palm Desert - CVAG Funding Agraement March 2005 Page8
CONTRACT NO. C22870A
EXHIBiT "D"
"PROJECT SIGN"
DESIGN & CONSTRUCTION
"PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL"
The Proiect Siqn shafl consist of the followin4 information:
MEASURE"A"
PROJECT
YOUR TAX DOLLARS
AT WORK
"PROJECT NAME"
FUNDED BY:
— RIVERSIDE COUNTY TRANSPORTATfON COMMfSSIONI
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
— LEAD AGENCY/AGENCY
TOTAL
$ x.�ocx.xxx
Other information, such as the City Logos and/or Measure "A" Funds Logo, is
encouraged.
F:lhomelaazzulwplagree1505016ond Projectslpdportola205
Portola Avenue Bridge/City of Palm Desert - CVAG Funding Agraement Mazch 2005 Page9