HomeMy WebLinkAboutC31900 - Reimbursement Agreement - Pavement of Cahuilla WayCONTRACT NO. C31900
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE THE MAYOR TO EXECUTE A REIMBURSEMENT
AGREEMENT WITH THE COUNTY OR RIVERSIDE FOR THE
PAVING OF CAHUILLA WAY
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: June 14, 2012
CONTENTS: Agreement
Vicinity Map
Recommendation
By Minute Motion, authorize the Mayor to execute a Reimbursement
Agreement, Contract No. C31900 , with the County of Riverside for the
paving of Cahuilla Way at an estimated cost of $113,000.
Funds are available in Account No. 110-4311-433-3320, Street Maintenance.
Background
The County of Riverside is planning an asphalt maintenance project in the Cahuilla Hills
community. This community is located west of Highway 74 in an unincorporated area of
Riverside County adjacent to the City. The County is repaving four streets within the
community by pulverizing the existing asphalt and converting it into a base material.
The County will then pave the streets with three inches of asphalt.
Cahuilla Way, a City street, serves as an entrance to the community from Highway 74.
Because the County was planning on repaving streets in the area, they offered to
become the lead agency in a joint project and pave Cahuilla Way. An agreement has
been drafted that will allow the County to pave Cahuilla Way and the City will reimburse
the County upon completion of the project. The City's portion of the project is estimated
to be $113,000.
A summary of the agreement is as follows:
1. The County of Riverside will be the lead agency for the project.
2. The portion of the project within Palm Desert will consist of the
pulverization and repaving of Cahuilla Way.
Staff Report
Approve Reimbursement Agreement with County of Riverside
June 14, 2012
Page 2 of 2
3. Palm Desert is responsible for 100 percent of the project cost related to
the Cahuilla Way repaving including design, specification, construction,
and professional services.
4. After the project is complete, the County of Riverside will invoice Palm
Desert for its portion of the cost.
The attached agreement was reviewed and approved by our City Attorney.
Fiscal Analysis
The City's portion of the project cost is estimated to be $113,000. This street
resurfacing project is being done as a part of the City's annual street maintenance
program. There is no fiscal impact beyond the contract amount.
Prepared By:
0
ect Administrator
S. Gibson, Director of Finance
Depayf'ney t Ffead:
Mark a wood, P.E`
Directolr ofl Public Works
CM COUNCIL AC47ON
APPROVED`` DENIED
RECEIVED OTHER
MEETINGDATE
Approval: AYES: -f
s NOES:
�- ABSENT:
ABSTAIN:
Joti n M. Wohlmuth, City Manager VERIFIED BY:
�` Original on File with Ci Jerk's Office
* Approved with said approval to be in an
amount not to exceed $120,000. 5-0
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Cahuilla Hills Road improvements
Contract No. C31900
AGREEMENT BY AND BETWEEN
RIVERSIDE COUNTY AND
CITY OF PALM DESERT
FOR
ROADWAY IMPROVEMENTS WITHIN CAHUILLA HILLS AREA
(Western Coachella Valley)
This Agreement is entered into this day of , 2012, by and between the County of
Riverside, (hereinafter "COUNTY"), and the City of Palm Desert, (hereinafter "CITY") for the provision of certain
roadway improvements on various roads located within the jurisdictional boundaries of the COUNTY and CITY.
RECITALS
A. COUNTY and CITY have cooperated on planning the construction of certain roadway improvements that
provide benefits to the residents and the general motoring public in the Cahuilla Hills Area of Western
Coachella Valley. The roadway improvements consist of pulverizing the existing roadway; road resurfacing
and striping, hereinafter referred to as "PROJECT'. The location of PROJECT is shown in Exhibit "A".
B. The PROJECT is within the jurisdictional boundaries of both the COUNTY and CITY, as shown in Exhibit "A".
C. COUNTY and CITY desire to cooperate and jointly participate in implementing and funding the PROJECT.
D. COUNTY and CITY desire to have one agency take the lead role in the development and implementation of
the PROJECT to coordinate the improvements and to reduce overall costs.
E. COUNTY and CITY have designated COUNTY as the lead agency for the PROJECT and COUNTY will
therefore provide the administrative, technical, managerial, and support services necessary to develop and
implement the PROJECT.
F. COUNTY and CITY desire to define herein the terms and conditions under which said PROJECT is to be
administered, environmentally cleared, engineered, coordinated, constructed, managed, financed and
maintained.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
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Cahuilla Hills Road Improvements
Contract No. C31900
SECTION 1 • COUNTY AGREES:
1. To fund one hundred percent (100%) of the cost of the preparation of plans, specifications and estimates
(PS&E), preparation of an environmental document (ED) and obtaining environmental clearance, providing
utility coordination and relocation of impacted utilities, and advertising, awarding and administering a public
works construction contract necessary to construct PROJECT improvements that are located within the
jurisdictional boundaries of the COUNTY as shown in Exhibit "A" attached hereto and incorporated herein:.
The estimated costs for COUNTY's improvements are provided in Exhibit "B" attached hereto and
incorporated herein. COUNTY agrees that should unforeseen circumstances arise which result in an
increase of any costs over those shown in Exhibit "B", COUNTY will in good faith consider an amendment to
this Agreement to include any such costs under this agreement.
2. To prepare, or cause to be prepared, detailed PS&E documents for the PROJECT and submit to CITY for
review and approval at appropriate stages of development. Final plans for improvements within CITY's right
of way shall be prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of
California. Deviations from standards shall be coordinated with and approved by CITY. COUNTY shall not
solicit construction bids until CITY has approved the PROJECT PS&E documents.
3. To act as the Lead Agency for the design, environmental clearance, advertising, award and administration of
a public works contract for the construction of the PROJECT.
4. To identify and locate all utility facilities within the PROJECT area as part of its 'PROJECT design
responsibility. If any existing public and/or private utility facilities conflict with PROJECT construction,
COUNTY shall make all necessary arrangements with the owners of such facilities for their protection,
relocation, or removal. All utility facilities shall be identified on the PROJECT plans and specifications, and
conflicting utilities shall be denoted. COUNTY shall require the utility owner and/or its contractors performing
the relocation work within CITY's right of way to obtain a CITY encroachment permit prior to the performance
of said relocation work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior
rights related to utility encroachments into each jurisdiction's right-of-way. In the case that any utility
companies are determined to have prior rights, the cost of relocating utilities shall be borne by the jurisdiction
in which the conflicting utility resides.
5. To prepare an environmental document and to obtain necessary environmental clearances in accordance
with the California Environmental Quality ACT (CEQA).
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Cahuilla Hills Road improvements
Contract No. C31900
6. To make written application to CITY for an encroachment permit authorizing entry into CITY's right of way for
the purposes of constructing PROJECT.
7. To advertise, award, and administer a public works contract for the construction of PROJECT in accordance
with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or
regulations, including but not limited to the local agency public construction codes, California Labor Code, and
California Public Contract Code.
8. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT. If
the PROJECT plans and specifications are prepared by a private engineering company, the Resident
Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the
construction contract.
9. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys,
soils and foundation tests, measurement and computation of quantities, testing of construction materials,
checking shop drawings, preparation of estimates and reports, preparation of as -built drawings, and other
inspection and staff services necessary to assure that the construction is performed in accordance with the
PS&E documents.
10. To construct the PROJECT in accordance with approved PS&E documents.
11. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid
amount to CITY for review and approval prior to final authorization by COUNTY.
12. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods as
provided in Chapter 16 of the Local Assistance Procedures Manual, and to have this testing performed by a
certified material tester.
13. To furnish CITY with a complete set of full-sized film positive reproducible as -built plans and all contract
records, including survey documents, within ninety (90) days following the completion and acceptance of the
PROJECT construction contract. Electronic copies of completed plans are available if CITY desires. If
electronic copies are provided, they will be provided on CD-R media.
14. To submit monthly invoices to CITY for costs associated with CITY's improvements in accordance with Exhibit
l 15. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion and
acceptance of the PROJECT construction contract.
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Cahuilla Hills Road Improvements
Contract No. C31900
II SECTION 2 • CITY AGREES:
1. To fund one hundred percent (100%) of the cost of the preparation of plans, specifications and estimates
(PS&E), preparation of an environmental document (ED) and obtaining environmental clearance, providing
utility coordination and relocation of impacted utilities, and advertising, awarding and administering a public
works construction contract necessary to construct PROJECT improvements that are located within the
jurisdictional boundaries of the CITY as shown in Exhibit "A". The estimated costs for CITY's improvements
are provided in Exhibit "B". CITY agrees that should unforeseen circumstances arise which result in an
increase of any costs over those shown in Exhibit "B", CITY will in good faith consider an amendment to this
Agreement to include any such costs under this Agreement.
2. To provide, at no cost to COUNTY, oversight of PROJECT and to provide prompt reviews and approvals, as
appropriate, of submittals by COUNTY, and to cooperate in timely processing of PROJECT.
3. To issue, at no cost to COUNTY or its contractors, upon proper application by COUNTY or COUNTY's
contractor, an encroachment permit authorizing entry onto CITY's right of way for the construction of the
PROJECT.
4. To provide a representative to coordinate and assist the COUNTY's Resident Engineer during the
construction of PROJECT and to verify CITY facilities are constructed in accordance with the approved PS&E
documents as required by this agreement.
5. To pay within 45 days of receipt all invoices submitted by COUNTY for services rendered in accordance with
this Agreement.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. The total cost of PROJECT is estimated to be $ 621,000 as detailed in Exhibit "B".
2. If upon opening of bids for construction of the PROJECT the bids indicate a cost overrun of no more than
10% of the construction costs estimate as described in Exhibit "B" will occur, COUNTY may award the
contract.
3. If upon opening of bids, it is found that a cost overrun exceeding ten percent (10%) of the Total Estimate Cost
will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after thirty (30)
calendar days from the date of bid opening, an alternative course of action is not agreed upon, this
Agreement shall be deemed to be terminated by mutual consent, with each agency sharing incurred costs in
accordance with the cost shares as set forth in Section I, Article (1), and Section Il, Article (1). COUNTY shall
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Cahuilla Hills Road Improvements
Contract No. C31900
reimburse CITY within forty five (45) days of termination.
4. Construction by COUNTY of improvements referred to herein which lie within CITY rights of way shall not be
commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has
been issued by CITY.
5. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the
PROJECT construction contract, a policy of Commercial General Liability Insurance, using Insurance
Services Office "Commercial General Liability" policy for CG 00 01 or the equivalent, including coverage of
Bodily Injury Liability and Property Damage Liability. Limits shall be no less than $1,000,000 per occurrence
for all covered losses and no less than $2,000,000 general aggregate. COUNTY shall require COUNTY's
contractor to maintain a policy of Automobile Liability Insurance for Any Auto in the amount of $1,000,000, per
accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -
owned auto endorsement to the general liability policy described above. Policies shall contain the following
provisions: (1) City and County shall be named as loss payees; and (2) the insurer shall waive all rights of
recovery against the City and County. Contractor shall agree to endorse the third party general liability
coverage required herein to include as additional insureds the CITY, its officials, employees, volunteers, and
agents. COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance on
a state approved policy form providing statutory benefits as required by law, with employer's liability limits no
less than $1,000,000 per accident for all covered losses. COUNTY shall cause COUNTY's contractor to
provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this
section to CITY prior to the start of construction.
6. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will
automatically be vested with the jurisdiction in which the improvements reside and no further agreement will
be necessary to transfer ownership.
7. Neither COUNTY nor CITY shall be responsible for any maintenance of the improvements provided by
PROJECT that are located outside of their respective ownership or right of way boundaries except as
specified in this Agreement or future agreements.
8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all
parties and no oral understanding or agreement not incorporated herein shall be binding on each party
hereto.
Cooperative Agreement
Contract No. C31900
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Cahuilla Hills Road Improvements
9. CITY and COUNTY shall retain or cause to be retained for audit for a period of three (3) years from the date
of final payment, all records and accounts relating to PROJECT.
10. Neither COUNTY nor any officer or employee thereof shall be responsible for any 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 delegated to CITY under this Agreement. It is further agreed that pursuant to
Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY
under this Agreement.
11. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government
Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under
this Agreement.
12. This Agreement and the exhibits herein contain the entire agreement between the parties, and are 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.
13. Nothing in the provisions of Agreement is intended to create duties or obligations to or rights in third parties
not parties to this Agreement or affects the legal liability of either party to the Agreement by imposing any
standard of care with respect to the maintenance of roads different from the standard of care imposed by law.
14. 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.
15. This Agreement shall be terminated 3 months after the filing of a Notice of Completion for the PROJECT or
upon mutual agreements of the parties.
16. All notices, demands, invoices, and written communications shall be in writing and delivered to the following
Cooperative Agreement
Contract No. C31900
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addresses or such other address as the PARTIES may designate:
To County: Riverside County Transportation Department
Attention: Juan C. Perez, Director of Transportation
4080 Lemon Street, 8th Floor
Riverside, CA 92501
Phone: (951) 955-6740
Fax: (951) 955-3198
To City: City of Palm Desert
Attention: Mark Greenwood, Director of Public Works
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, CA 92260
Phone: (760) 776-6450
Cahuilla Hills Road Improvements
Cooperative Agreement
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COUNTY Approvals
RECOMMENDED FOR APPROVAL:
Dated:
JUAN C. PEREZ
Director of Transportation
APPROVED AS TO FORM:
COUNTY COUNSEL
Dated:
BY: DEPUTY
APPROVALS
APPROVAL BY THE BOARD OF SUPERVISORS
Dated:
John F. Tavaglione
PRINTED NAME
Chairman, Riverside County Board of Supervisors
ATTEST:
KECIA HARPER -THEM
Clerk of the Board (SEAL)
Cooperative Agreement
Dated:
Contract No. C31900
Cahuilla Hills Road Improvements
CITY OF PALM DESERT Approvals
APPROVED BY:
Dated:
John M. Wohlmuth
PRINTED NAME
City Manager
APPROVED AS TO FORM:
Dated:
David J. Erwin
PRINTED NAME
City Attorney
ATTEST:
Dated:
Rachelle D. Klassen
PRINTED NAME
City Clerk
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EXHIBIT A • VICINITY/PROJECT MAP
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Legend:
City/County Boundary — — —
County Roads • • • • • •
City Roads - - - -
a
Contract No. C31900
Cahuilla Hills Road Improvements
NOT TO SCALE
Cooperative Agreement
Contract No. C31900
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EXHIBIT B • PROJECT BUDGET
COST ESTIMATE:
Cahuilla Hills Road Improvements
CITY
COUNTY
TASK
OF
OF
TOTAL
PALM DESERT
RIVERSIDE
Plans, Specs & Estimates, Environmental
Clearance, Advertise & Award
$
9,000
$
41,000
$
50,000
(10% of Construction Cost)
Construction
(including 10% contingency)
$
90,000
$
406,000
$
496,000
Construction Inspection, Material Testing,
Construction Survey
$
14,000
$
61,000
$
75,000
(15% of Construction Cost)
TOTAL COSTS PER AGREEMENT
$
113,000
$
508,000
$
621,000
Note: Cost estimate includes labor, equipment, materials and soft costs.
Cooperative Agreement
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Contract No. C31900
Cahuilla Way Repaving �-
Reimbursement Agreement w/Riverside County
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Notes