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°q<.FORN% CITY COUNCIL STAFF REPORT
JULY 19, 2006 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 1 TO THE CITY OF PALM SPRINGS
— CVAG REIMBURSEMENT AGREEMENT FOR THE GENE AUTRY
TRAIL WIDENING PROJECT, VISTA CHINO TO INTERSTATE 10
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Amendment No. 1 to Agreement No. 4393, a Reimbursement Agreement between the
City of Palm Springs and the Coachella Valley Association of Governments (CVAG) will
increase the total amount of the CVAG reimbursement agreement by $4,414,000 to a
total of $10,500,000 to pay for the current estimated cost of construction for the Gene
Autry Trail Widening Project, Vista Chino to Interstate 10.
RECOMMENDATION:
1) Adopt Minute Order No. "APPROVING AMENDMENT NO. 1 TO
AGREEMENT NO. 4393 WITH COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS (CVAG) FOR AN ADDITIONAL AMOUNT OF $4,414,000 FOR
A TOTAL AMOUNT OF $10,500,000 (75% CVAG REIMBURSABLE) FOR THE
GENE AUTRY TRAIL WIDENING PROJECT, VISTA CHINO TO INTERSTATE
10;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On September 5, 2001, the City Council approved Agreement No. 4393, with the
Coachella Valley Association of Governments (CVAG), in the amount of $6,086,000 of
which 75% or $4,564,500 is reimbursable through CVAG. The agreement funds the
construction of the Gene Autry Trail Widening Project, consisting of two separate City
projects: City Project 01-04 will widen Gene Autry Trail from two to six lanes from
Salvia Road/Micro Place across the Union Pacific Railroad bridge; City Project 02-03
will widen Gene Autry Trail from two to four lanes through the Whitewater River and
from two to six lanes between Vista China and Via Escuela.
Item No. n . 1__I .
City Council Staff Report
July 19, 2006 - Page 2
Amendment 1 to CVAG Agreement
The original total project cost was estimated at $6,086,000. Since Gene Autry Trail is
an original Measure A regional roadway, its widening is funded at 75% by CVAG
Regional Measure A funds. Additionally, the City was successful in obtaining a federal
grant to widen the existing Union Pacific Railroad bridge in the amount of $1,842,000
which is being used to offset the City's 25% local share for the Gene Autry Trail project.
As the City has moved forward into final design of these projects, current project cost
estimates have been determined which have increased above the original cost
estimates from 2001. It is estimated that both of these projects will cost approximately
$10,500,000 which includes design, construction, and project administration. The
CVAG 75% share will be $7,875,000 (or an increase of $3,310,500 over the original
CVAG 75% share in the agreement); the City's 25% local share will be $2,625,000 of
which $1,842,000 is made by the City's federal grant, with the remaining $783,000
having been previously budgeted using local Measure A funds.
The CVAG Executive Committee approved Amendment No. 1 to the CVAG Agreement
on June 26, 2006. Staff recommends that City Council approve the CV G�efidment.
J c
FISCAL IMPACT: IFinance Director Review: f'
Amendment 1 to Agreement 4393 will increase the CVAG reimbursable share by
$3,310,500 to $7,875,000 for the total estimated project cost of $10,500,000; and will
increase the City's funding commitment from $0 (the City was previously "over-funded"
by its federal grant) to $783,000. Estimated funds to cover the City's share of the
project costs in the amount of $855,620 have previously been budgeted in the local
Measure A accounts 134-4498-50214 (Gene Autry RR Bridge) and 134-4498-50217
(Gene Autry Widen @WW Wash).
Y1�, -
David J. Barakian Thomas J. Wil n
Director of Public Works/City Engineer Assistant City'Manager
David H. Ready ,
City Manager
ATTACHMENTS:
1. Agreement 4393
2. Amendment No. 1
3. Minute Order
ATTACHMENT 1
AGREEMENT 4393
Ir "J$an CVAG
Reimbursement Agreement
r,1-V,P L J[a-7W. a) AGREEMENT #4393
i3'1.C1;R`u^.cJ M06915, 9-5-01
CITY OF PALM SPRINGS - CVAG REIMBURSEMK.--__--.,__---
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE''
DESIGN ENGINEERING AND CONSTRUCTION
THIS AGREEMENT is made and entered into this day of 2001,by and
between the Coachella Valley Association of Governments, a Cali or •a joint powers agency,
(''CVAG"), and the City of Palm Springs ("Agency"), and is made with reference to the
following background facts and circumstances:
RECITALS
Whereas,the"CoachellaValley Area Transportation Study",avalley-wide studyprepared under
the auspices of CVAG,has identified various transportation and highway projects throughout the
Coachella Valley to be projects of regional importance; and
Whereas, approval of a highway financing measure("Measure `A"')by the voters of Riverside
County in November of 1988 has created a source of funds with which to construct such projects;
and
Whereas, CVAG by agreement with its member agencies and with the Riverside County
Transportation Commission("RCTC"),has beendesignated as the agency throughwhich such funds
aretobe conveyed and disbursed forthe purpose of completing said regional transportation projects;
and
Whereas, historically CVAG has administered funds by advancing, or reimbursing after
expenditure, some portion of the cost associated with qualifying projects. There now exists a
compelling need to fund and construct various eligible projects notwithstanding that some or all of
CVAG's member jurisdictions do not now have adequate funding in place.
Whereas, Gene Autry Trail from Interstate 10 to Vista Chino is qualified to receive 75%from
CVAG TUMF/Mcasure"A" resources,25%local Agency Share. Agency has $1,842,000 in STIP
Funds which will be applied for the 25%Agency Share. Credit for any excess local grant funds from
the Gene Autry railroad crossing bridge will be applied towards local match costs for construction
of the Gene Autry Trail/Palm Drive interchange on Interstate 10.
CVAG-City orPalm Springs/Gene Autry Tr.From I.10 to Vista Chino Design Engineering&Construction June 2001 Page 1
Whereas, Agency will be responsible for following the SB-45 requirements and the Caltrans
Procedures Manual that describes the processes,procedures, documents,authorizations,approvals
and certifications which are required in order to receive Federal-aid and/or State funds for this
project.
Whereas,this agreement shall provide funds from CVAG(75%share)for the Project generally
described as and consisting of the following: "Gene Autry Trail from Interstate 10 to Vista
Chino Drive including the White water River Wash crossing and the railroad crossing bridge".
These services will hereinafter be referred to as the"Project". This Project will provide the Design
Engineering and Construction for Gene Autry Trail project.
Whereas,Agency desires to proceed with the Project"Design Engineering and Construction for
Gene Autry Trail". The estimated cost of the Project is$6,086,000. Agency has $1,842,000 in
STIP Funds, CVAG shall provide the difference between the project cost and the Agency's
contribution,up to 75%of the project costs.
Whereas,it is the intent of Agency and CVAG that this agreement will be amended, for the bid
process,and constructionphases,to include a scope ofwork,cost estimate and ifnecessary,schedule
modifications,for each respective phase.
Whereas,Agency agrees to submit only those costs which are eligible under CVAG's policies as
outlined in the, "Cost Determination/Expense Eligibility" of CVAG's Policies and Procedures
Manual.
Real property purchased to secure the necessary Right of Way shall be acquired in the name of
the Lead Agency, depending upon the jurisdiction in which the property is located. Any property
in excess of that required for Project Right of Way shall be promptly disposed of by the respective
jurisdiction in the best interests of the Regional Arterial Program. If in any case a dispute exists
between CVAG and the respective jurisdiction as to what property or the extent thereof is excess of
thatrequired forProjectRight of Way,the sole determination ofCVAG's Executive Committee shall
control and the jurisdiction shall promptly dispose of that property designated by CVAG as excess.
Any funds realized from the sale of excess property shall be returned to CVAG. CVAG shall have
the right to approve the sale price of excess property. Language to effectuate these provisions shall
be placed in the grant deed of each parcel conveyed to or acquired by the respective jurisdiction.
AGREEMENT
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 offunds by CVAG shall
apply only to those Regional Arterial Projects that have heretofore been identified in CVAG's 1999
updated list of Regional Arterial Projects. The Project is one of those identified projects and is
therefore eligible.
CVAG-City of Palm Springs/Gene Autry Tr.From 1-10 to Vista Chino Design Engineering&Construction June 2001 Page 2
2. The Project is generally described as and consists ofthe following:"DesignEngineering
and Construction for Gene Autry Trail from Interstate 10 to Vista Chino Drive including the
White water River Wash crossing and the railroad crossing bridge". These services will
hereinafter be referred to as the "Project".
3. The scope of work of the Project is more particularly described in Exhibit"A", entitled
"Scope of Services" - "Gene Autry Trail from Interstate 10 to Vista Chino Drive including
the White water River Wash crossing and the railroad crossing bridge" 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 of the agency's respective portion of the Jurisdictions-
Quarter,and the remaining portion to be paid by CVAG(the"CVAG-75%")shall be calculated by
reference to the cost estimates as shown on Exhibit"B"unless amended pursuant to the provisions
of Paragraph 5. Exhibit"C" is the "Project Schedule".
4. It is the agreement between CVAG, Agency that the total cost of the Project shall not
exceed$6,086,000. If the bids on the project exceed$6,086,000,the Agency shall have the right
to reject all bids and not proceed with the project. In the event Agency determines not to proceed
with the project, any funds contributed to the project by CVAG may be withdrawn by the CVAG
Executive Committee in order to be re-allocated to any other eligible CVAG projects.
4.1 It is intended that,in order to expedite this Project,CVAG will advance funds for this
Project, up to the amounts approved by CVAG's Executive Committee. If the Project is not
completed within a reasonable time, as approved by CVAG's Executive Committee,or if all work
on the Project has stopped or is not proceeding in a diligent manner,Lead Agency and Agency agree
to repay CVAG their respective jurisdictional shares,up to the amount advanced by CVAG.
4.2 Funds advanced by CVAG for this Project shall be used to pay all services related
to the Design and Environmental of the Project.
4.3 Payments to Agency shall be made upon presentation to CVAG of statements from
Agency, certifying by Project its costs, and enclosing therewith copies of contractor's invoices,
evidence ofpayment,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.
4A Eligible costs are defined as those outlined in Section IV, "Cost
Determination/Expense Eligibility" of CVAG's Policies and Procedures Manual(Attachment 1).
4.5 Prior to initiation of on-site construction,Lead Agency agrees to provide 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.
CVAG-City of Palm Springs/Gene Autry Tr.Prom 1.10 to Vista Chino Design Engineering&Construction June 2001 ,Page 3
5. The parties agrephat should unforeseen circumstances arlowhich result in new work
not covered in Exhibit"A"or an increase of any costs over those shown in Exhibit "B",that both
parties will contribute their 75/25 share to such increase costs up until the not to exceed amount of
$6,086,000 for the overall project. Further, any costs which go beyond that amount which are
necessary in order to complete the project,the parties further agree to share in such costs under the
75/25 percentage arrangement. In either of the above mentioned circumstances,the scope of work
would be amended to reflect the additional work. This contract may be amended or modified only
by mutual written agreement of the parties. No alteration or variation of the terms of this contract
will be valid unless made in writing and signed by the parties hereto and no oral understanding or
agreement not incorporated herein,will be binding on any of the parties hereto.
6. Agency agrees to keep all Project contracts and records for aperiod of not less than three
years from the date a notice of completion is filed by the Agency on such Project,or if the Project
is not one as to which a notice of completion would normally be recorded,for three years from the
date of completion. Agency further agrees that all such files and records will be made available to
CVAG upon its reasonable request.
7. 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.
8. This agreement is for fundiLg purposes only and nothing herein shall be construed
so as to make CVAG a party to the construction or ownership of the Project or to make it a
partner or joint venturer with Agency as to the Project.
9. The City of Palm Springs shall assume the defense of,indemnify and hold harmless
CVAG 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 City of Palm Springs taken in the performance of the Agreement or any agreement
entered into by City of Palm Springs with reference to this Project.
9.1 CVAG shall assume the defense of, indemnify and hold harmless the City of
Palm Springs and their respective officers,employees,and agents,and each of them,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 or any agreement entered into by CVAG with
reference to this Project.
10. Agency agrees to include in its contract specifications and bid documents a requirement
that all prime contractors shall name CVAG,Agency as "additional insureds" on all liability
insurance coverage required by Agency on each contract. Agency will provide a copy of the
Insurance Certificate to CVAG,showing CVAG,Agency,as"additional insureds",within 30
days of signing a contract with the prime contractor.
CVAG-City or Palm Springs/Gene Autry Tr.From I-10 to Vista Chino Design Engineering&Construction June 2001 Page 4
1 t.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 fiul and tamely performance in
accordance with the terms of this contract.
12. Any Agency receiving federal funds must have an approved Disadvantaged Business
Enterprise program. All recipients of Federal Highway Administration(FHWA)funds must carry
out the provisions of Part 26,title 49 of the Code of Federal Regulations (CFR)which established
the Federal Department of Transportation's policy supporting the fullest possible participation of
firms owned and controlled byminorities 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 confirming transmission and receipt,or
sent by certified or registered mail,return receipt requested,postage prepaidto the following parties
at the following addresses or numbers:
If to Agency: City of Palm Springs
P.O.Box 2743
Palm Springs, CA 92263-2743
Attn: City Manager
Telephone: (760)323-8299
FAX No.: (760)323-8207
If to CVAG: CVAG
73-710 Fred Waring Drive
Palm Desert, CA 92260
Attn: Associate Director/Transportation
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 delivety 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 retru-n receipt 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.
CVAG-City of Palm Springs/Gene Autry Tr.From 1-10 to Vista Chino Design Engineering&Construction June 2001 Page 5
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 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 of the
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 Agreement to be executed by their
duly authorized representatives on this date:
A EST: CITY OF PALM SPRINGS
City Clerk City Manager
Approved as to form
KU
City A ey
�W�lySC;VFD UV HE CITY COUNCIL,
CVAG —
By: � By:
Aq3
Patricia A.Larson, CV Cbair
Executive Director
CVAG-City of Palm Springs/Gene Autry Tr.From I-10 to Vista Chino Design Engineering&Constmetion lone 2001 Page 6
��l:--lCrnr
EXHIBIT A
SCOPE OF SERVICES
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
Provide all technical and professional services including labor,material,equipment,transportation,
supervision, administration, review and expertise to prepare and process an Environmental
Document, Project Report, Right-of-way engineering documents and Plans, Specifications, &
Estimates for the project.
Environmental:
Environmental services shall include the following:Preparation oftechnical studies,reports and all
other documents necessary to obtain environmental clearance for this project. Processing of all
environmental documents for approval
The Enviromnental Document will meet the requirement of NEPA.
Construction:
Widen roadway from two to six lanes.
CVAG-City of Palm Springs/Gene Autry Ti.From b10 to Vista Chino Design engineering&Construction June 2001 Page 8
EXHIBIT B
ESTIMATE OF COST
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
Gene Autry Trail Widening from Vista Chino to Railroad Bridge:
Road widening $ 2,303,000
Contingency $ 460,600
Environmental &Design $ 414,540
Project Administration $ 276,360
Total (rounded) $ 3,455,000
Railroad Bridge and roadway to I-10:
Environmental $ 10,000
Survey &Design $ 200,000
Bridge Construction $ 1,500,000
Roadway Widening $ 500,000
Contingency $ 221,000
Construction Staking &Management $ 200,000
Total $ 2,631,000
Grand Total $ 6,086,000
CVAG Share $ 4,244,000 Not to exceed (75% project cost) $4,564,500
Local Share (STIP Funds) $ 1,842,000
Excess Local Share $ 320,500 To be credited for local match costs for the
construction of the Gene Autry Trail/Palm
Drive 1-10 Interchange Project
CVAG-City of Palm Springs/Gene Autry Tr.From 1-10 to Vista Chino Design Engineering&Construction June 2001 Page 9
EXHIBIT "C"
PROJECT SCHEDULE
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
— Design June 2002-June 2005
— Construction June 2005 -March 2006
CVAG-City of Palm Springs/Gene Autry Tr.From 1-10 to Vista Chino Design Engineering&Construction June 2001 Page 10 d
EXHIBIT "D"
"PROJECT SIGN"
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WRITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
The Project Sign shall consist of the following information:
YOUR TAIL DOLLARS
AT WORK
"PROJECT NAME"
FUNDED BY:
— RIVERSIDE COUNTY TRANSPORTATION COMMISSION/
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Lead Agency
TOTAL $x.xxx.xxx
Other information, such as the City Logos and/or Measure "A" Funds Logo,is encouraged.
F:Uiome\aazzu\wp\agree\stip\psgawwr601
CVAG-City of Palm Springs/Gene Autry Tr.From 1-10 to Vista Chino Design Engineering&Construction June 2001 Page 11
ATTACHMENT 1
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
REGIONAL ARTERIAL PROGRAM
PROJECT COST DETERMINATION
AND
EXPENSE ELIGIBILITY
CVAG-City of Palm Springs/Gene Autry Tr From I-10 to Vista Chino Design Engineering&Construction June 2001 Page 12
r
PROJECT COST DETERMINATION
AND
EXPENSE ELIGIBILITY
TABLE OF CONTENTS
SECTION DESCRIPTION
1.0 INTRODUCTION
2.0 COST ESTIMATE DEFINITIONS
3.0 PROJECT IDENTIFICATION
4.0 RIGHT-OF-WAY ACQUISITION
5.0 PROJECT LIMITS
6.0 PROJECT FUNDING SOURCES
7.0 PROJECT SCOPE OF WORK
8.0 PROJECT DESIGN(CIVIL)
9.0 PROJECT DESIGN(LANDSCAPING)
10.0 PROJECT CONSTRUCTION FUNDING
11.0 PROJECT CONSTRUCTION SURVEY
12.0 PROJECT CONSTRUCTION MANAGEMENT
13.0 PROJECT OVERSIGHT-AGENCY TIME
14.0 PROJECT CONTINGENCY FUNDS
15.0 REFERENCE DOCUMENTS
Page 13
1.0 INTRODUCTION
This section of the procedures manual outlines the process which shall be followed in determining
project costs and project expense eligibility which has been approved to be constructed as part of the
Coachella Valley Regional Transportation Program.
This section was developed by the Coachella Valley Association of Governments (CVAG)
Transportation Technical Advisory Sub-Committee(TTAS). The primary purpose of this section
is to provide a guideline for agencies to make application for a project for both Measure A and
Transportation Uniform Mitigation Fee(TUNE) finding.
The project developmentprocess starts with an agency-initiated study after abighway improvement
need has been identified.
The estimates for projects identified as part of the Regional Transportation Plan are addressed in the
Regional Arterial Cost Estimate(RACE),dated June, 1999 and shall be updated biannually as part
of the TUMF review process.
2.0 COST ESTIMATE DEFMTIONS
• Consnuction An updated cost estimate for the costs to build the improvement per
the approved plans and specifications.
• Engineering Engineering costs will usually be estimated on the basis of a
percentage of the estimated construction costs.
• Right-of-Way Expenditures for right-of-way are to be prepared with an accuracy
comparable to standards in the industry. Overhead charges need not
be included.
• Scheduling Indicate status of project,giving a tentative schedule for engineering,
right-of-way acquisition and construction. Discuss project phasing,
if planned.
3.0 PROJECT IDENTIFICATION
Any project which is to be submitted for review and funding shall meet or provide all of the
following:
• The proposed project shall appear on the approved June 1999 Transportation Project
Prioritization Study updated list of projects.
• The project shall be clearly identified showing, as a minimum, the limits of the project,scope
of work, anticipated start and completion dates,estimated project cost and funding sources.
• A general statement of the project. Why it is needed, etc.
• A preliminary design estimate for all design services.
• A preliminary construction cost estimate, to be updated once design is completed.
• A preliminary construction management and Agency project management cost estimate.
Page 14
4 0 RIGHT-OF-WAY ACQUISITION AND OTHER ASSOCIATED COSTS
All right-of-way acquisition and other associated costs, including appraisals and any other costs
allowed by state and federal law,are eligible for regional funding.
The agency will further submit a detailed list of costs associated with the right-of-way acquisition
to CVAG for review and comment. CVAG will assess each cost and determine its eligibility for
regional funding. All protests shall be sent to the Transportation Technical Advisory Sub-
Committee for further review. All protests must be in writing and the grounds for protest clearly
identified.
Where the likelihood ofextensive right-of-way acquisition exists orthe need for extensive relocation
of homes and businesses,or in the case of new roadway extensions or openings or other extenuating
physically or economical restraints so warrant,preliminary engineering,alignment and traffic studies
shall be eligible for reimbursement or finding from regional funds.
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. Any recaptured funds will reduce the
overall cost of the project.
5.0 PROJECT LIMITS
The Lead Agency submitting a proposed project for review and funding shall clearly identify the
project limits. The limits of the project shall be defined as the beginning and the end of the
construction. If more than one beginning and/or ending is necessary, clearly indicate that on the
statement of the project limits.
A vicinity reap shall be included with the project submittal package identifying where the project
is located.
6.0 PROJECT FUNDING SOURCE
Project finding will come from both regional Measure A revenues and TUMF collected by CVAG
member agencies. Other sources of funding may include local funds from the agency proposing the
project,local gas tax funds,ISTEA funds, redevelopment funds,etc.
All funding sources should be considered by the agency prior to project submittal to CVAG for
finding from the Regional system funds. CVAG will advance fund, for TUMF jurisdictions, a
project up to 100%of the total approved,eligible,estimated project cost. Project contingency funds
will not be funded. However,any additional costs incli red due to any change in scope of work may
be submitted to CVAG for funding eligibility, and will be processed through CVAG's committee
structure for approval.
Page 15
7.0 PROJECT SCOPE OF WORK
A project scope of work narrative shall be submitted to CVAG with the submittal for expense
eligibility and regional fiutding. The narrative shall include,but not be limited to,discussion of the
following:
• Right-of-Way Acquisition and Relocation
• Project limits
• Typical roadway improvement section
• Vicinity map for project location identification
• Anticipated starting date-Engineering, R-O-W Acquisition and Construction
• Anticipated completion date-Engineering,R-O-W Acquisition and Construction
• Anticipated funding amount
8.0 PROJECT DESIGN(CIVIL)
The project design is the sole responsibility of the agency and/or agencies which are proposing and
constructing the project. However,the design and construction standards as outlined in the Regional
Arterial Cost Estimate (RACE), 1999 Update, shall be a guideline to be used by the designer for
project design and construction standards. Any deviations should be identified, along with the
rationale for such deviations.
The total project design services shall not exceed in cost 10% of the estimated construction
costs,or as determined by CVAG.
9.0 PROJECT DESIGN(LANDSCAPINGI
The following is a narrative of the landscape improvements which shall or shall not be eligible for
regional funding:
• All new landscaping,electrical and irrigation work shall NOT be eligible for regional funding.
• Only new utility sleeves which are to be placed below the roadway surface for future use shall
be eligible for regional funding.
Additionally, any existing landscaping, electrical and irrigation which is directly affected by the
project shall be eligible for funding providing it is replaced"in kind".
10.0 PROJECT CONSTRUCTION FUNDING
All regionally funded agency project construction will consist of furnishing all materials,equipment,
labor,tools and incidentals as required to construct the improvements as required by the approved .
plans, specifications and contract documents.
"Curb-to-curb" improvements are eligible for funding, with the exception of landscaping. (See
section 9.0 for further detail on landscaping.) "Curb-to-cuub"improvements include asphalt paving,
striping, curb, etc. Sidewalks, bus-tuniouts,bil:elanes etc. are not eligible for Regional Arterial
funding.
Page 16
Exception: One sidewalk an lar-ftne-b:l lane (Bikelanes are eligible for Regional Arterial
funding, Executive Committee action on October 30, 2000) will be eligible for Regional
Arterial funding if it crosses a(u):
1. Regional Arterial Bridge
2. Interstate 10 Interchange
3. Interstate 86 Interchange
All regionally funded agency projects will comply with the prevailing rates of wages and
apprenticeship employment standards established by the State Director of Industrial Relations.
Any agency receiving federal fiords must have an approved Disadvantaged Business Enterprise
program. All recipients of Federal Highway Administration (FHWA) funds must carry out the
provisions of Part 26, title 49 of the 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.
All regionally funded project bids shall be prepared on the approved agency proposal forms in
conformance with the instructions to bidders.
All approved regional construction projects will be funded to 100% of the lesser of the following:
• CVAG approved project construction cost estimate.
• The lowest responsible bidder's award.
11.0 PROJECT CONSTRUCTION SURVEY
Construction survey is defined as all surveying and construction staking necessary for the
construction of the project as determined by the engineer.
The cost of any additional surveying and/or construction staking primarily for the convenience of
the contractor,not in conformance with usual and customary practices and for replacement of stakes
lost as a result of the contractor's or agency's negligence,shall be the responsibility of the contractor
and/or agency.
The agency shall be responsible for all resetting of monumentation within public and/or private
right-of--way that is destroyed by the construction operations mrless it is itemized in the approved
construction survey estimate.
Page 17
12.0 PROJECT CONSTRUCTION MANAGEMENT
Project construction management costs shall be eligible for regional finding only if it is to fund one
or more of the following:
• Construction inspection
• Materials testing
• Project management
• Construction Survey
• Geoteclmical studies and reports
• Contract administration
The activities set forth above shall be eligible for regional funding based upon actual costs
provided the total sum does not exceed 15% of the approved estimated construction costs.
13.0 PROJECT OVERSIGI4T-AGENCY TIME
Project cost estimates should include an amount intended to allow Agency to recover an amount
representing the costs incurred for the time of its employed staff in working on the project. These
amounts shall be eligible for regional funding based upon actual costs provided the total sum
does not exceed 5% of the approved estimated project costs.
14.0 PROJECT CONTINGENCY FUNDS
Project contingency funds shall not be granted at the beginning of a project. If a change in scope or
design creates a need for a change order which may require additional Rinds,the agency shall make
application with CVAG for expense eligibility from regional Rinds. Actual cost incurred shall only
be eligible for funding.
15.0 REFERENCE DOCUMENTS
Transportation Project Prioritization Study,June 1999
Regional Arterial Cost Estimate, June 1999
Regional Arterial Financial Plan and Expenditure Program,November 1994
Coachella Valley Area Transportation Study, 1987
Coachella Valley Area Transportation Study, 1984
f:\home\aazzu\wp\agree\stip\psgenatry601
Page 18
ATTACHMENT 2
AMENDMENT NO. 1
AMENDMENT NUMBER ONE
CITY OF PALM SPRINGS - CVAG REIMBURSEMENT AGREEMENT
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
THIS AMENDMENT NUMBER ONE is made and entered into this day of
2006,by and between the Coachella Valley Association of Governments,a California
joint powers agency, ("CVAG"), and the City of Palm Springs ("Agency"), and is made with
reference to the following background facts and circumstances:
This amendment number one obligates and authorizes for expenditure,funds not previously authorized
under the terms ofthe existing Reimbursement Agreement,executed September 5,2001,budgeted at
$6,086,000. All other provisions in the existing Reimbursement Agreement shall remain in force.
This amendment number one shall authorize additional Design and Construction funds,in the amount
not to exceed$3,310,500(75%of$4,414,000)for the Gene Autry Trail from Interstate 10 to Vista Chino
project.The current revised project cost is estimated at$10,500,000,of which CVAG's 75%share would
be$7,875,000. For further detail please see Amendment number One,Exhibit`B"-"Estimate of Cost"and
Exhibit"C" - "Schedule".
Summary: CVAG Share na 75%
Previously obligated& authorized for expenditure (Original Agreement) $ 4,564,500
New obligations under this Amendment#1 ( 75% of$4,414,000) $ 3,310,500
Total amount authorized for this project( 75% of$10 500 0001 $ 7.875,000
CVAG-City of Palm Springs/Gene Autry Tr.From I-10 to Vista Chino-Amendment Number One June 2006 Page 1
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly
authorized representatives on this date:
ATTEST: AGENCY:
CITY OF PALM SPRINGS
By: By:
City Clerk City Manager
By:
City Attorney
CVAG
a �
By: By: 411 "t"( Gu(�AAA
John Wohlmuth, CVAG Chair
Executive Director
CVAG-City of Palm Springs/Gene Autry Tr.From 1-10 to Vista Chino-Amendment Number One June 2006 Page 2
EXHIBIT "A" - AMENDMENT NUMBER ONE
SCOPE OF SERVICES
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
Provide all technical and professional services including labor,material,equipment,transportation,
supervision,administration,review and expertise to prepare and process an Environmental Document,
Project Report,Right-of-way engineering documents and Plans,Specifications,&Estimates for the project.
Environmental:
Environmental services shall include the following:Preparation oftechnical studies,reports and all other
documents necessary to obtain environmental clearance for this project. Processing of all environmental
documents for approval.
The Environmental Document will meet the requirement of NEPA.
Construction:
Widen roadway from two to six lanes,except for the segment through the Whitewater River,which will
be widened from two to four lanes.
CVAG-City or Palm Springs/Gene Autry Tr.From I-10 to Vista Chino-Amendment Number One June 2006 Page 3
SJ J
EXHIBIT `B" - AMENDMENT NUMBER ONE
ESTIMATE OF COST
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
Gene Autry Trail Widening from Vista Chino to Railroad Bridge:
Environmental& Design $ 497,807
Construction $ 3,524,000
Project Administration $ 352,400
Project Sub-Total $ 4,374,207
Railroad Bridge and roadway to I-10:
Environmental & Design $ 588,572
Construction $ 5,000,000
Project Administration $ 500,000
Project Sub-Total $ 6,088,572
Grand Total(rounded) $ 10,500,000
CVAG Share @ 75% $ 7,875,000
Minus Previously obligated $ 4,564,500
CVAG additional obligations under this amendment $3,310,500
CVAG-City of Palm Springs/Gene Autry Tr.From 1-10 to Vista Chino-Amendment Number One June 2006 Page 4
�6U�t—
EXHIBIT "C" - AMENDMENT NUMBER ONE
PROJECT SCHEDULE
"GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO
DRIVE INCLUDING WHITE WATER RIVER WASH CROSSING AND
THE RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
— Design June 2002 - June 2007
— Roadway Construction Jan. 2007 - July 2007
— Railroad Construction Jan. 2008 - Jan. 2009
CVAG-City of Palm Springs/Gene Autry Tr.From I-10 to Vista Chino-Amendment Number One.Tune 2006 Page 5
ATTACHMENT3
MINUTE ORDER
MINUTE ORDER NO.
APPROVING AMENDMENT NO. 1 TO AGREEMENT
NO. 4393 WITH COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) FOR
AN ADDITIONAL AMOUNT OF $4,414,000 FOR A
TOTAL AMOUNT OF $10,500,000 (75% CVAG
REIMBURSABLE) FOR THE GENE AUTRY TRAIL
WIDENING PROJECT, VISTA CHINO TO
INTERSTATE 10
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving Amendment No. 1 to Agreement No. 4393 with
Coachella Valley Association of Governments (CVAG) for an additional amount
of $4,414,000 for a total amount of $10,500,000 (75% CVAG reimbursable) for
the Gene Autry Trail Widening Project, Vista Chino to Interstate 10, was adopted
by the City Council of the City of Palm Springs, California, in a meeting thereof
held on the 19th day of July, 2006.
James Thompson, City Clerk