The URL can be used to link to this page

Home My WebLink About11/15/2000 - STAFF REPORTS (5) DATE: November 15, 2000 TO: City Council FROM: City Engineer RAMON ROAD IMPROVEMENT REIMBURSEMENT AGREEMENT RECOMMENDATION: That the City Council approve the Ramon Road Improvement Reimbursement Agreement between the City of Palm Springs and Lowe's HIW, Inc. BACKGROUND: City staff has prepared a reimbursement agreement to secure payment for construction of Ramon Road improvements between Gene Autry Trail and San Luis Rey Drive, adjacent to the property currently being developed for the Lowe's Home Improvement Warehouse ("Lowe's"). This portion of Ramon Road is being widened as part of City Project 99-13,which was awarded to Granite Construction Company ("Granite") at the City Council's August 2, 2000, meeting. Modification of existing driveway locations and of the existing raised median within this portion of Ramon Road are the obligation of Lowe's, as a condition of approval for Major Architectural Approval, Case No. 3.1795, and Tentative Parcel Map 29450. The simultaneous timing of City Project 99-13 and the development of Lowe's created challenges for construction of the City's improvements and Lowe's Ramon Road improvements by different contractors. To avoid conflicts between the City's project and future modifications to Ramon Road by Lowe's, staff extended to Lowe's the opportunity to partner with the City in the construction of Ramon Road. In this way, the entire portion of Ramon Road could be widened and modified at the same time, avoiding conflicts between the two projects and challenges for traffic control and public safety. In order to facilitate the construction of Lowe's obligated improvements, the City Attorney prepared the attached reimbursement agreement to secure advance payment from the developer for the cost of those improvements, which include removal and relocation of existing driveway entrances, removal and reconstruction of existing raised median improvements, and traffic striping and signage. Utilizing the awarded bid prices with Granite for City Project 99-13, staff has received advance payment in the amount of $94,702.25 from Lowe's for construction of their portion of the Ramon Road improvements. This amount differs from the Change Order No. 1 amount because certain items that are Lowe's responsibilities were already included in the Granite contract. Upon Council approval of the reimbursement agreement, staff has prepared Contract Change Order No. 1 to implement Lowe's extra work to Granite's construction agreement for City Project99-13,scheduled for Council consideration and approval as a separate agenda item. DAVID J. BARAKIAN City Engineer APPROVED: � City Manager ATTACHMENTS: 1. Minute Order 2. Reimbursement Agreement REVIEWED BY DEFT.Of FINANCE '!A 20 AGREEMENT THIS AGREEMENT (herein "Agreement") is made and entered into this day of November , 2000, ("Effective Date") by and between the City of Palm Springs , a municipal corporation ("City" ) and Lowe ' s HIW, Inc . , a Washington corporation ("Lowe ' s") . RECITALS WHEREAS , Lowe' s has entered into a business development lease with respect to certain premises located along Ramon Road in the City of Palm Springs , State of California ("Lowe ' s Property") ; WHEREAS , Ramon Road is a Major Thoroughfare , designated on the City of Palm Springs General Plan ; WHEREAS , Ramon Road is located adjacent to Lowe' s Property ; WHEREAS , as a condition of approval of the Major Architectural Approval (Case No. 3 . 1795) and Tentative Parcel Map 29450 for Lowe' s Home Improvement Center , Lowe ' s is obligated to construct, or provide for the construction of specified improvements to Ramon Road as further described at Exhibits "A" and "B" ("Improvements") ; WHEREAS , the City has initiated City Project 99-13 , through a duly awarded contract to Granite Construction Company ("Granite") to construct the Improvements within Ramon Road adjacent to Lowe ' s Property ; WHEREAS , the Improvements to be constructed by Lowe ' s will , in part, conflict with the Ramon Road improvements to be constructed by the City as part of City Project 99-13 ; and WHEREAS , , Lowe ' s has agreed , and hereby agrees to provide payment to the City for the costs of- constructing the Improvements and the City has agreed to construct the same or otherwise satisfy Lowe' s obligation to construct, or provide for the construction of , the Improvements . NOW THEREFORE , the parties hereby agree as follows : 1 .0 SERVICES OF LOWE ' S 1 . 1 Scone of Services . In compliance with all of the terms and conditions of this Agreement , the City shall cause to be performed its obligations as set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference . 627/0140840005 123124.Ot AMOO - 4- �A3 IN WITNESS WHEREOF , the parties have executed and entered into this Agreement as of the date first written above . "City" CITY OF PALM SPRINGS , a municipal corporation City Manager ATTEST: _City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP _City Attorney "Lowe ' s" : LOWE ' S HIW, INC . , a Washington corporation Name : M. L . Skiles Title :Vice President Address : 1530 Faraday Avenue Suite 140 Carlsbad , CA 92008 [END OF SIGNATURES] 627/0I40840005 123124.01 AM00 -6- �A � EXHIBIT "A" SCOPE OF SERVICES 1 . The Project : The project consists of Improvements to Ramon Road required to be constructed by Lowe ' s as. specified in Case No. 3 . 1795 and Tentative Parcel Map 24950 , which include, but are not limited to: construction of a sixty-seven (67) feet wide main entrance ; construction of a twenty-four (24) feet wide secondary entrance; construction of eastbound and westbound median breaks ; and relocation of an existing fifty (50) feet wide roadway , for the portion of Ramon Road that is adjacent to Lowe ' s development which is the subject of Case No. 3 . 1795 and Tentative Parcel Map 24950 . Lowe ' s acknowledges that the Improvements shall be constructed by City ' s duly selected construction contractor , Granite . 2 . Contract Bid Prices for the Project : The cost of the Improvements hereunder shall be based on the contract bid prices for City Project 99-13 , as shown on Exhibit "B" hereto . 3 . Lowe ' s Obligation to Pav Full Cost of Improvements : In lieu of constructing or providing for the construction of the Improvements pursuant to Case No. 3 . 1795 and Tentative Parcel Map 24950, Lowe ' s shall pay the full cost of the Improvements in accordance with Section 2 .2 and Exhibit "B" . 4. Change Orders . The City may make any change order to the specifications of the Improvements as may be necessary_ from time-to-time to complete the Improvements , and any costs therefor shall be payable by Lowe ' s pursuant to Section 2 . 2 of this Agreement in addition to the Contract Sum . Any City authorized change order shall require prior written notice by City to Lowe ' s authorized representative . After Lowe ' s receipt of such notice and unless waived by Lowe ' s , City and Lowe ' s shall meet to discuss any proposed change order . Lowe ' s shall be entitled to review the proposed change orders , including any plans therefor prior to the City ' s approval of the change order . 627/014094-0005 123124.01 AM00 -7- 7A5 EXHIBIT "B" SCHEDULE OF PAYMENT 1 . Cost of Improvements Payable by Lowe ' s : Lowe ' s shall pay the following costs , which comprise the Contract Sum , pursuant to Section 2 of this Agreement. The following costs shall be separate from any costs payable by Lowe' s for any City-approved change order , as provided in Section 2 . 2 and Exhibit "A" herein : Item of Work Unit Quantity Bid Price Cost Remove Existing Curb and Gutter LF 444 $3 .00 $1 , 332 . 00 Remove Existing Sidewalk SF 4860 $1 .00 $4 ,860.00 Remove Existing AC Pavement SF 8,059 $1 .00 $8 ,059 . 00 Remove Existing Cross Gutter SF 816 $1 .00 $816 . 00 Remove Existing Curb LF 829 $2 .00 $1 , 658 . 00 Construct Type A1-6 Curb LF 1 , 223 $15 .00 $18 , 345 . 00 Construct Type A2-8 Curb LF 320 $17 .00 $5 ,440 . 00 Construct Curb Return and SF 2 ,886 $5 .00 $14 ,430. 00 Spandrel Construct Type D2 Cross Gutter SF 1 ,056 $6 .00 $6 , 336. 00 Construct 4" Colored PCC SF 2 , 560 $3 .00 $7 ,680.00 Sidewalk Construct Median Cobble Stone SF 420 $5 .00 $2 , 100.OE) Construct 5" AC Pavement SF 7, 975 $1 . SO 11 ,962 . 50 Construct 4" Class II Base SF 7. 975 $0. 65 $5 , 183 . 75 Construct 4 Type C Curb Ramps LS 1 $6, 500. OE) $6 . 500 . 00 and Install 180 LF Traffic Striping per Caltrans Standard Detail 38C Total Cost $94,702 .2 S 627/014084-0005 123124.01 AM00 -8- 7#4 MINUTE ORDER NO. APPROVING THE RAMON ROAD IMPROVEMENT REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND LOWE'S HIW, INC. I HEREBY CERTIFY that this Minute Order approving the Ramon Road Improvement Reimbursement Agreement between the City of Palm Springs and Lowe's HIW, Inc., was approved by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15t" day of November, 2000. PATRICIA A. SANDERS City Clerk 1. 6