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HomeMy WebLinkAboutC22310B - CVAG - Monterey Ave/I-10 Interchange ImprvmntsContract No. C22310B CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Authorize the Mayor to execute the Reimbursement Agreement between City of Palm Desert and the Coachella Valley Association of Governments related to the Monterey Avenue Interchange Improvements at Interstate 10 SUBMITTED BY: Mark Greenwood, P.E., City Engineer DATE: October 27, 2005 CONTENTS: Reimbursement Agreement Preliminary Site Plan Recommendation: Authorize the Mayor to execute the reimbursement agreement between City of Palm Desert and the Coachella Valley Association of Governments (CVAG) for the design, right-of-way, and construction of the Monterey Avenue Interchange Improvements at Interstate 10. Discussion: At the October 13, 2005 City Council meeting, Council authorized staff to negotiate for the purchase of the right-of-way necessary for the construction of the Monterey Avenue Interchange Improvements at Interstate 10. In the related staff report, it was noted that staff requested financial participation from CVAG for the design, right-of- way, and construction of the improvements. CVAG drafted a reimbursement agreement, which has already been approved by the Executive Committee, and the agreement is now ready for City approval and execution. Below is a summary of the reimbursement agreement. • The project shall consist of the construction of a new hook ramp from Varner Road to westbound 1-10, and a modification of the westbound off ramp to exit onto Varner Road. • Palm Desert shall be the lead agency for the project. • CVAG's share shall be 50% of eligible costs up to a maximum of $4,050,000. • CVAG shall pay for their portion on a reimbursement basis. Contract No. C22310B Reimbursement Agreement for Monterey Interchange Improvements at 1-10 October 27, 2005 Page 2 of 2 Therefore, staff recommends that the City Council, by minute motion, authorize the Mayor to execute the reimbursement agreement between City of Palm Desert and CVAG related to the Monterey Avenue Interchange Improvements at Interstate 10. Submitted Bar: A ✓i j Ma lk Greenwood City Engineer Approval: f ACM for DevF1Vnent Services &/4 City Manager Department He d: Michael Erran'te, P.E. Director of Public Works Director of Finance G.''PubWorksRyan Gayler,Word FilestStaH Reporis'Auth Mayor to execute agmt -Monterey I-10 CVAG.doc PORTION or EXISTING wB Orr RAMP :., TO BE REMOVED PROP WO HOOK ON RAMP A. — PROP WB HOOK OFF RAMP INTERSTATE 10: Es ION. RACIP EXIST'E6 OFF . 6MP. •► UNION:PACMIC=RR `.�rT n n 0 N W smle: N.Ts. _ PRELIMINARY SITE PLAN 0 Contract No. C22310B CVAG COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City Coachella • Desert Hot Springs • Indian We,ls • Indio • La Duinta • Palm Desert • Palni 'SpriWn 6 RaRcQ0 Mirage County of Riverside Agua Caliente Band of Cahuilla Indians • Cabazon Band o` Mission Indians • Torres MCI ez Desert Cahudia Indians LnI� -_, -� P 2: 3b October 5, 2005 Mr. Carlos Ortega City Manager City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA. 92260 Dear Mr. Ortega: Enclosed please find four originals of the reimbursement agreement between the City of Palm Descrt and the Coachella Valley Association ofGoverfunent (CVAG) for Design Right -of -Way& Constriction of "Monterey AvenLie Interstate 10 Ramp Improvements". This agreement was approved by the Executive Committee on September 26, 2005. Please have the Mayor and City Clerk sign the agreements and return them tome. When complete I will send you an executed original for your records. If you have any questions regarding these agreements. please call me at (760) 346-1127. Sincerely, COACHELLA VALLEY ASSOCIATION OF OVERN EDITS DIARY M. GODFREY =" Administrative Services Assistant cc: Anne Azzu, Dept. of Transportation RECEWED '.'iTY OF PALM DESER'- CITY MANAGER 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (7601 346-1127 • FAX (7601340-5949 Contract No. C22310B CITY OF PALM DESERT- CVAG REIMBURSEMENT AGREEMENT FOR DESIGN RIGHT-OF-WAY & CONSTRUCTION "MONTEREY AVENUE INTERSTATE 10 RAMP IMPROVEMENTS" THIS AGREEMENT is made and entered into this day of , 2005, by and between 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 "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects throughout the Coachella Valley to be projects of regional importance; and Approval of a highway financing measure by the voters of Riverside County in November of 1988 has created a source of funds with which to construct such projects; 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 -Half'). Historically, the CVAG One -Half has been paid after project completion as a reimbursement to the jurisdiction (the "Reimbursement Policy.") CVAG has determined that as to member jurisdictions that do not participate in the TUMF program, projects will continue to go forward under the existing Reimbursement Policy. Agency desires to proceed with a project known as "Monterey Avenue Interstate 10 Ramp Improvements" (the "Project"). The estimated cost ofthe Project is $8,100,000. CVAG's share of Project costs is not -to -exceed $4,050,000. Agency agrees to submit only those costs which are eligible under CVAG's policies as outlined in Section IV, "Cost Determination/Expense Eligibility" of 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. Monterey Avenue I- 10 Ramp Improvements -City of Palm Desert - CVAG Funding Agreement August 2005 Pagel Contract No. C22310B NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of funds by C VAG shall apply only to those regional arterial projects that have heretofore been identified in the CVAG 1994 updated list of projects. The Project is one of those projects and is therefore eligible. 2. The Project is generally described as and consists ofthe following-"Monterev Avenue Interstate 10 Ramp Improvements" These services will hereinafter be referred to as the "Project". 3. The scope ofwork ofthe Project is more particularly described in Exhibit "A", entitled "Scope of Services -"Monterev Avenue Interstate 10 Rama Improvements" 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 ofthe Jurisdiction One-Halfand 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 cost of the Project $8,100,000, City of Palm Desert shall pay $4,050,000, and CVAG shall pay $4,050,000. 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 contractors 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 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 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 amendment to 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 subject to changes, for the purpose of CVAG payment, by additions, deletions, or revisions by agreement between Agency and CVAG if such charges are in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Monterey Avenue I- 10 Ramp Improvements -City of Palm Desert - CVAG Funding Agreement August 2005 Page2 Contract No. C22310B 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 ifthe Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency ftirther 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"/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. 9. This agreement is for funding 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 partner or joint venturer with 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 ofthem, 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 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 any way limit either party's rights and remedies through actions in a Court of Law with 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. Monterey Avenue I-10 Ramp Improvements -City of Palm Desert - CVAG Funding Agreement August 2005 Page3 Contract No. C22310B 12. Any agency receiving federal funds must have an approved Disadvantap-ed Business Enterprise program. All recipients of Federal Highway Administration (FH WA) funds must carry out the provisions of Part 23, title 49 ofthe Code of Federal 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 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 conf_rming transmission and receipt, or sent 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 If to CVAG: CVAG 73-710 Fred 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 overnight 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 returnreceipt 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. If any term, provision, condition, or covenant of this agreement, or the 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 other than those as to whom or which it is held invalid or unenforceable, shall not be Monterey Avenue I-10 Ramp Improvements -City of Palm Desert - CVAG Funding Agreement August 2005 Page4 Contract No. C223 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 ofthe rights of the parties, for injunctive relief, for an alleged breach or default, or any other actions arising out of this agreement, or the 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. IN WITNESS WHEREOF, the parties hereto have caused this amendment number one to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM DESERT By: By: City Clerk Mayor ATTEST: CVAG By: B John Wohlmuth, CVAG Chairman Executive Director Monterey Avenue 1-10 Ramp Improvements -City of Palm Desert - CVAG Funding Agrcemcm August 2005 PagO Contract No. C22310 EXHIBIT "A" SCOPE OF SERVICES DESIGN RIGHT-OF-WAY & CONSTRUCTION "MONTEREY AVENUE INTERSTATE 20 RAMP IMPROVEMENTS" This project will provide anew hook ramp from Vamer Road to westbound I-10 that will eliminate the left turn movement from northbound Monterey avenue. The westbound off ramp will be modified to exit onto Varner road adjacent to the new on ramp. The purpose of the project is to relieve traffic congestion and to decrease the number of accidents at the interchange. Monterey Avenue I-10 Ramp Improvements -City of Palm Desert - CVAG Funding Agreement August 2005 Page6 Contract No. C22310B EXHIBIT "B" ESTIMATE OF COST DESIGN RIGHT-OF-WAY & CONSTRUCTION "MONTEREY AVENUE INTERSTATE 10 RAMP IMPROVEMENTS" (FROM ESTIMATE PROVIDED BY THE CITY OF PALM DESERT) ITEM BUDGET 1) Environmental $ 200,000 2) Plans Specifications & Estimate $ 237,000 3) Right -of -Way $4,100,000 4) Right -of -Way Support Services $ 25,000 5) Construction $3,157,000 6) Construction Manaaement $ 380,000 Total $ 8,100,000 Funding agreed upon as follows: CVAG share - TUMF /Measure "A" Funds $4,050,000 Citv of Palm Desert Share $4.050,000 Total $8,100,000 Monterey Avenue 1-10 Ramp Improvements -City of Palm Desert - CVAG Funding Agreement August 2005 Pagel Contract No. C22310B EXHIBIT "C" PROJECT SCHEDULE DESIGN RIGHT-OF-WAY & CONSTRUCTION "MONTEREY AVENUE INTERSTATE 10 RAMP IMPROVEMENTS" Complete PSR/PR Complete Environmental Document Complete PS&E Advertise for Bids Award Construction Contract Project Completion December, 2005 March, 2006 June 2006 July 2006 September 2006 August 2007 Monterey Avenue I-10 Ramp Improvcments-City of Palm Desert - CVAG Funding Agreement August 2005 Pagc8 Contract No. C22310B EXHIBIT "D" "PROJECT SIGN" DESIGN RIGHT-OF-WAY & CONSTRUCTION "MONTEREY AVENUE INTERSTATE 10 RAMP IMPROVEMENTS" The Proiect Sipan shall consist of the following information:, PROJECT NAME FUNDS FOR THIS PROJECT PROVIDED BY RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE "A" 1/2 CENT SALES TAX $ x,xxx,xxx COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TRANSPORTATION UNIFORM MITIGATION FEE x,xxx,xxx STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM x,xxx,xxx CITY OF PALM DESERT x,xxx,xxx TOTAL $ x,xxx,xxx Other information, such as the City Logos and/or Measure "A" Funds Logo, is encouraged. f ' Avenue M0 Ramp Improvemcnts-City of Palm Desert - CVAG Funding Agreement August 2005 Page9