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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 eet pgo� ����r� G�a / �� � COACHELLA VALLEY ASSOCIATION of GOVERNMENTS _.....��.�,..._y..�.v..... . �. _ . . . . ._ .. . � �._ .. �... .:. . - , . . . w _ . .�_ _..�:�. �. --� ,...w.�.,... ...�:,�:,��. � ..,�,.._.,�.... . Blythe Cathedral City ��Coachella Desert Hot Springs • Tn�ien �I s• n io • La 'C�wnta • Palm"�Desert • Fia�m Spnngs � FiancFio �irage County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians __........ .:._�...::.�..<.�::.::::r,���:s.��.:;�_�_ ..,-,.,..ti,ti:.��:,�.... :�.% 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