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HomeMy WebLinkAboutC26640A and B Relinquish Hwy 111 & 74REQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Authorize the Mayor to Execute the Agreements for Relinquishment of Highways 111 and 74 Mark Greenwood, P.E., Director of Public Works June 14, 2007 Sample of Draft Relinquishment Cooperative Agreement Current "Cost to Relinquish" Stipend Estimates (2) That City Council, by minute motion: 1. Receive preliminary relinquishment stipend estimates from Caltrans; 2. Authorize staff to negotiate final stipend amounts; and 3. Authorize the Mayor to execute the necessary agreement(s) for relinquishment of Highway 111 and Highway 74 to the City. Discussion: Public Works Department staff met with Caltrans staff on May 30, 2007 regarding the relinquishment of the highways to the City. Since we last reported on the status of the relinquishments (staff report dated April 12, 2007), Caltrans staff has conducted a more thorough analysis of the costs associated with maintaining Highway 111 and Highway 74 into the future and has presented staff with revised estimates of the stipend that would be offered for the City to assume jurisdiction. Although staff continues to negotiate the final stipend amount with Caltrans, we believe that we will be able to come to an agreement regarding the stipend amount. Staff will be providing updated cost information for the proposed signal at Highway 74 and Mesa View, and Caltrans will be investigating any costs associated with Americans with Disabilities Act -related improvements that may be required. The Relinquishment Cooperative Agreement will then be finalized for execution by the City. A sample agreement is attached for your review as to form. Hwy 111 and 74 Relinquishment — Authorize Mayor to Execute Agreements Page 2of2 June 14, 2007 The stipend amounts proposed by Caltrans at this time are: Location: Highway 111 Highway 74 Amount: $2,123,983 $ 227,000 Caltrans has indicated that the final stipend amounts must be agreed on by June 30, 2007, which is to be followed closely by execution of the agreement by the City. The agreement will then be forwarded to Caltrans headquarters in Sacramento for approval, and as the final step the issue will be presented for approval to the California Transportation Commission (CTC) in September 2007. The City would assume jurisdiction within days of the final CTC approval. The State has budgeted $12 million for relinquishments of highways throughout the state. This money will be distributed on a first come, first served basis upon approval by the CTC. Therefore, it is necessary to proceed quickly to assure that funds are available for this relinquishment. In order to keep this process moving forward in a timely fashion, staff requests that City Council authorize staff to negotiate the final stipend amounts with Caltrans and authorize the Mayor to execute the subject agreement(s). „:ITY COUNCIL ACTION: APPROVED N7 DENIED / RECEIVED OTHER MEETING DATE (n • _ ( -1 NOESAYES:e nss , Fe t o Ftner lr ` 4 to Q`o_"7` ABSENT: Nj ne ABSTAIN: jv prw,,_ VERIFIED BY: iDkl mcvn Original on File with City Clerk's Of.fic7- Submitt Mark Greenwood, P.E. Director of Public Works Approval. Homer Croy ACM for evelopment Services Carlos L. O0gga City Manager /dhl Paul Gibson Finance Director * Approved the recommendations, further directing staff to: 1) Initiate means for obtaining resident input on renaming the Highways; 2) work with Caltrans on a more fitting "Welcome" sign for the Vista Point area along Highway 74. 5-0 G:IPubWorks\Staff Reportsl2007Vune 141Info Report - Status of Hwy 111 and 74 Relinquishment.doc District Agreement No. XXXX D 08-Riv-111-PM XXXXX � Highway Relinquishment In the City of XXXXXX EA XXXX District Agreement No. 8-XXXX RELINQUISHMENT COOPERATIVE AGREEMENT This AGREEMENT, entered into effective on , 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE,"and the CITY OF XXXXXXX a body politic and municipal corporation of the State of California, referred to herein as "CITY." RECITALS l. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 130, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY that portion of a State Highway within CITY's jurisdiction. 2. STATE intends to relinquish to CITY that portion of State Route 111 between XXXXXX as shown in Exhibit A, attached to and made a part of this Agreement, referred to hereinafter as "RELINQLIISHED FACILITIES." CITY is willing to accept said relinquishment upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and STATE's recording of said Resolution in the County Recorder's Office. 3. STATE and CITY have negotiated an understanding that STATE will continue to maintain the RELINQUISHED FACILITIES in a state of good repair until the date of recordation of the Resolution of Relinquishment. CITY will accept the RELINQUISHED FACILITIES in return for the payment of$XXXXXX for specific future improvements and betterments to be added by CITY in the form of pavement rehabilitation, pavement overlay, shoulder widening, sealing cracks, drainage improvements, and Americans with Disabilities Act (ADA) upgrades. 4. STATE is willing to provide $ XXXXXX for specific future improvements and betterments to be added by CITY. However, funds may not be available in the near future for RELINQUISHED FACILITIES due to budgetary constraints. If funds become available through a CTC allocation for this purpose prior to July 1, 2012, STATE will DRAFT: Apri12, 2007 1 District Agreement No. XXXX reimburse CITY $ XXXXXX as STATE's lump sum share of RELINQUISHED FACILITIES. 5. The parties hereto intend to define herein the terms and conditions under which relinquishment is to be accomplished. SECTION I CITY AGREES: 1. Execution of this Agreement constitutes CITY's waiver of STATE's obligation to provide ninety(90)days prior notice of STATE's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code. 2. To accept ownership, including all of STATE's current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and be liable for the RELINQUISHED FACILITIES at no additional cost to STATE. 3. To appear before the CTC, if deemed appropriate by CITY, to offer CITY's substantiation that the requested CTC allocation of the betterment/improvement sum is in the best interest of the public. 4. To accept that allocation, determined by the CTC to be in the best interests of the public in its Resolution of Relinquishment, as STATE's only payment obligation for this relinquishment of RELINQLTISHED FACILITIIES. SECTION II STATE AGREES: 1. To relinquish, upon the approval of the CTC's Resolution of Relinquishment, RELINQUISHED FACILITIES. 2. To forward and support CITY's request for the allocation of S XXXXXX by the CTC with the expectation that the CTC will determine that this or some other allocation is in the best interest of the public to improve RELINQUISHED FACILITIES beyond a state of good repair. 3. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for recording. DRAFT: Apri12, 2007 2 District Agreemcnt No. XXXX 4. If CTC funds become available prior to July 1, 2012 for RELINQUISHED FACILITIES, to deposit with CITY that amount, if any, allocated by the CTC in its Resolution of Relinquishment. The payment of those funds will represent STATE's only payment obligation for the purpose of this relinquishment. 5. To transfer to CITY, within sixty(60) days of the recordation of the CTC's Resolution of Relinquishment, copies of all available STATE records and files for the RELINQUISHED FACILITIES, including, but not limited to, plans, survcy data, and right of way information. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the CTC. 2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by C1TY under this Agreement. 3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 4. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. This Agreement shall terminate upon recordation of the CTC's Resolution of DRAFT: Apri12, 2007 3 District Agreement No. XXXX Relinquishment for said RELINQUISHED FACILITIES in the County Recorder's Office, or on July 1, 2012, whichever is earlier in time except for those provisions which relate to a payment, indemnification, ownership, property recapture, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. SIGNATURES ON FOLLOWING PAGE: DRAFT: Apri12, 2007 4 District Agreement No. XXXX STATE OF CALIFORIVIA CITY OF XXXXXXX DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director By: Mayor By: MICHAEL A. PEROVICH District 08 Director Attest: CITY Clerk APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: By: By: Attorney, CITY Counsel Department of Transportation CERTIFIED AS TO FUNDS: By: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Accounting Administrator DRAFT: Apri12, 2007 5 08-RI V-74 PM 92.34/96.01 Highway Relinquishment In the City of Palm Desert EA OH960 Proiect Description: The California Department of Transportation (Department) Proposes to relinquish to the City of Palm Desert(City) the portion State Route 74 (SR 74) Between PM 92.34 to R96.01 within the City limits. This portion of SR-74 is to be deleted from State Highway System by Legislative in accordance with Section 73 of the streets and Highways Code. Below is the cost estimate to relinquish the above said portion of SR 74. COST TO RELINQUISH DESCRIPTION UNIT QUANT. UNIT PRICE AMOUNT Install 7raffic Si nal at Mesa Ave/SR 74 PM 94.17 LS 1 $ 227,000 $ 227,000 SUBTOTAL $ 227,000 Design 1 Maintenance Recommendation: Since there was a recent rehab overlay project(ARGG) completed to this segment on November 7, 2006, for$1,775,000, it was determined that the cost to relinquish should include only the cost of the proposed signal project at Mesa View Drive for$227,000. 1 08-Riv-111-PM 38.02/40.71 Highway Relinquishment [n the City of Palm Desert, EA OH530 Proiect Description: The California Department of Transportation (Department) proposes to relinquish to the City of Palm Desert (City) the portion of State Route 111 (SR-111) between PM 38.02 to 40.71 within the City limits. This portion of SR-111 is to be deleted from the State Highway System by legislative enactment in accordance with Section 73 of the Streets and Highways Code. Below is the cost estimate to relinquish the above said portion of SR111. COST TO RELINQUISH UNIT DESCRIPTION UNIT QUANT. PRICE AMOUNT SECTION 1: PAVEMENT STRUCTURE Cold Plane As halt Concrete Pavement M2 89,523 $ 3 $ 268,569 Remove Base and Surfacin M3 1,848 $ 30 $ 55,440 Re lace A re ate Base M3 1,092 $ 75 $ 81,900 Rubberized As halt Concrete RAC -T e G TONNE 11,530 $13 $1,556,550 Dense Graded As halt Concrete DGAC -T e A TONNE 1,615 $100 $ 161,500 SUBTOTAL $2,123,983 Attached is the detailed Deflection Study Cost Estimate.