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Home My WebLink AboutC23760 Contract Amendment 3 Coachella Valley Association of Governments - Cook Street Widening Fred Waring and Frank Sinatra 601-05Contract No. C23760 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE AMENDMENT NO. 3 TO THE REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE COOK STREET WIDENING BETWEEN FRED WARING DRIVE AND FRANK SINATRA DRIVE (PROJECT 601-05, CONTRACT C23760) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: April 28, 2011 CONTENTS: Amendment No. 4 (Executed) Amendment No. 3 Recommendation By Minute Motion: 1. Approve Amendment No. 3 to the Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) for the Cook Street Widening between Fred Waring Drive and Frank Sinatra Drive (Project 601-05, Contract No. C23760); and 2. Authorize the Mayor to execute the Agreement. There is no funding required with this action. Background On April 26, 2010, staff received Amendment No. 3 from CVAG. Essentially, Amendment No. 3 allowed the construction contract award date to be extended to July 1, 2010, and CVAG's share to be reduced to $3,000,000 based on the cost estimates for Phase I at the time. Staff reviewed it and determined that the City could not meet that deadline because problems had been encountered causing delays during the right-of-way acquisition process. Therefore, Amendment No. 3 was not brought forward to the City Council for approval and execution. On June 22, 2010, a meeting was held with City staff and the CVAG Executive Director and Deputy Executive Director to discuss the funding and capacity issues for Phase I of the project. It was suggested that an amendment would be needed to include project phasing language and a triggering mechanism for future Phase II Cook Street corridor improvements. On January 27, 2011, City Council approved Amendment No. 4 to the Reimbursement Agreement with CVAG. Amendment No. 4 is now fully executed. Staff Report Approve Amendment No. April 28, 2011 Page 2 of 2 3 with CVAG for C23760 Due to funding amount modifications in Amendment No. 3, and referenced in Amendment No. 4, CVAG requires that Amendment No. 3 be approved and executed. Fiscal Analysis Not executing Amendment No. 3 to the current series of reimbursement agreements could jeopardize the previously designated Measure A Bond Funds. Prepared By: f4 Bo Chen, .E., City Engineer r i Paul S. Gibson, Director of Finance App�oyal: M. Wohlmuth, City Manager /BC/cig Departm Mark Green ood, P.E. Director of Pfiblic Works COACHELLA VALLEY ASSOCIATION of GOVERNMENTS AMENDMENT NUMBER FOUR CONTRACT NO. C23760 CITY OF PALM DESERT- CVAG REIMBURSEMENT AGREEMENT FOR COOK STREET WIDENING PROJECT (FRED WARING DRIVE TO FRANK SINATRA DRIVE) AMENDMENT NUMBER FOUR is made and entered into this 27th day of January , 201 1, by and between the Coachella Valley Association of Governments, a California joint powers agency, (CVAG), and the City of Palm Desert (Agency), and is made with reference to the following background facts and circumstances: This Amendment Number Four provides no additional funding than established under the terms of the existing Reimbursement Agreement, executed May 12, 2005, Amendment Number One, executed October 27, 2005, Amendment Number Two, executed March 13, 2008, and Amendment Number Three, approved April 26, 2010. This Amendment Number Four establishes Phase 1 and Phase 2 of the Cook Street Widening Project and extends the deadline for award of a construction contract for both Phases. All other provisions in the existing Reimbursement Agreement, Amendment Number One, Amendment Number Two and Amendment Number Three are considered in force. This Amendment Number Four confirms that all submitted payment requests must be eligible for reimbursement by OVAG as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, most recently amended. 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 by the RCTC bond sale process for the total amount of $28,275,000, of which the Cook Street Widening Project is one of those approved Regional Transportation Projects. The approved projects will receive bond fund proceeds for no more that 50% (Fifty Percent) of approved project costs. The Executive Committee of CVAG, at their meeting of October 29, 2007, approved a modified list of projects and revised bond fund amounts for the total amount of $26,985,000, The Cook Street Widening Project is one of those approved projects. The City of Palm Desert has requested that the Cook Street Widening Project be constructed through a Phase 1 and Phase 2 segments of work. This Amendment Number Four shall: Establish a Time Trigger to provide that work on Phase 1 on the Cook Street Widening Project shall begin within two years after the Date of Execution of this Amendment Number Four, and; Establish an Event Trigger to provide that work on Phase 2 of the Cook Street Widening Project shall begin within one year of the traffic level on any buildable segment of that COACHELLA VALLEY ASSOCIATION of GOVERNMENTS CONTRACT NO. C23760 portion of Cook Street reaching 55,000 vehicles for the measured 24-Hour Average Daily Traffic (ADT), and; Establish a Time Trigger to provide that work on Phase 2 of the Cook Street Widening Project shall begin within Ten (10) Years after the Date of Execution of this Amendment Number Four, and; Require the City of Palm Desert to repay any Regional Funds advanced for the initial/ earlier constructed phases of the Cook Street Widening Project, with interest, should the City fail to meet the deadlines established by the Time Triggers or the Event Trigger as described, and; Require that any regional funds advanced to the City of Palm Desert for the initial/ earlier phases of the Cook Street Widening Project which are then directed for repayment shall accrue interest at the rate for the Local Agency Investment Fund (LAIF), as determined on July 16t of each year. Summary of CVAG's Share: Previously obligated and authorized for expenditure (Original Agreement) $ 4,750,000 Previously obligated and authorized for expenditure (Amendment #1) $(2,000,000) Previously obligated and authorized for expenditure (Amendment #2) $ 2,250,000 Total amount authorized for expenditure, after Amendment #3 S 3,QQQIQN (Signatures on following page) COACHELLA VALLEY ASSOCIATION of GOVERNMENTS CONTRACT NO. C23760 IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Four to be executed by their duly authorized representatives on this date: ATTEST: ATTEST: CITY OF PALM DESERT CVAG By: BACVAG T' m irk, arks E cutive Director airman �,353 1,3 AMENDMENT NUMBER THREE CITY OF PALM DESERT- CVAG REIMBURSEMENT AGREEMENT FOR COOK STREET WIDENING PROJECT (FRED WARING DRIVE TO FRANK SINATRA DRIVE) AMENDMENT NUMBER THREE is made and entered into this day of , 2010, by and between the Coachella Valley Association of Governments, a California joint powers agency, (CVAG), and the City of Palm Desert (Agency), and is made with reference to the following background facts and circumstances: This Amendment Number Three reduces the total of funds authorized for expenditure under the terms of the existing Reimbursement Agreement, executed May 12, 2005, Amendment Number One, executed October 27, 2005, and Amendment Number Two, executed March 13, 2008. This Amendment Number Three also extends the deadline for award of a construction contract for this project to July 1, 2010. All other provisions in the existing Reimbursement Agreement, Amendment Number One and Amendment Number Two are considered in force. This Amendment Number Three confirms that all submitted payment requests must be eligible for reimbursement by CVAG as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as adopted March 29, 2010. 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 by the RCTC bond sale process for the total amount of $28,275,000, of which the Cook Street Widening Project is one of those approved Regional Transportation Projects. The approved projects will receive bond fund proceeds for no more that 50% (Fifty Percent) of approved project costs. The Executive Committee of CVAG, at their meeting of October 29, 2007, approved a modified list of projects and revised bond fund amounts for the total amount of $26,985,000. The Cook Street Widening Project is one of those approved projects. The City of Palm Desert has requested that total funds authorized for the Cook Street Widening Project be reduced. This Amendment Number Three shall DECREASE CVAG's approved level of funding for the Cook Street Widening Project from $5.0 Million (previously authorized) to Not -to -Exceed $3.0 Million, up to 50% of approved project costs. The City of Palm Desert shall award the construction contract for the Cook Street Widening Project prior to July 1, 2010. Summary of CVAG's Share: Previously obligated and authorized for expenditure (Original Agreement) $ 4,750,000 Previously obligated and authorized for expenditure (Amendment #1) $(2,000,000) Previously obligated and authorized for expenditure (Amendment #2) $ 2,250,000 Total amount authorized for expenditure, after Amendment #3 3.000,000 r e" tj COACHELLA VALLEY ASSOCIATION of GOVERNMENTS IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Three to be executed by their duly authorized representatives on this date: ATTEST: By: City Clerk ATTEST: L2 Tom Kirk, Executive Director CITY OF PALM DESERT By: CVAG By: d�Z/ Steph n Pougnet CVAG Chairman COACHELLA VALLEY ASSOCIATION of GOVERNMENTS AMENDED EXHIBIT "B" ESTIMATE OF COST AMENDMENT NUMBER THREE COOK STREET WIDENING PROJECT (FRED WARING DRIVE TO FRANK SINATRA DRIVE) (FROM ESTIMATE PROVIDED BY THE CITY OF PALM DESERT) Funding agreed upon as follows: CVAG share - Bonding Future Measure "A" Funds $3,000,000 City of Palm Desert Share - Local Funds $3.000,000 Total $ 6,000,000 List of Regional Transportation Projects funded through Bond Sale Proceeds: Revised Revised Revised Aaency Proiect Limits Proi. Cost Bonded Amount Riverside County Monterey Avenue $ 2,270,000 $ 1,135,000 Palm Desert Portola Ave. Bridge $ 14,900,000 $ 7,450,000 Palm Desert Cook Street $ 10,000,000 $ 5,000,000 Rancho Mirage Monterey Avenue $ 5,000,000 $ 2,500,000 Indio Jackson Street (1-10 to Ave. 42) $ 3,100,000 $ 1,650,000 Indio Avenue 42 (Golf Cntr. to Caspian) $ 10,000,000 $ 5,000,000 Indio Avenue 50 (Jefferson to Jackson) $ 11,000,000 $ 550,000 Indio Jefferson Street (at Varner Rd.) $ 4,900,000 $ 2,450,000 Coachella Ave. 50/ 1-10 Interchange $ 2.500.000 $ 1.250,000 Total $63,670,000 $26,985,000