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HomeMy WebLinkAbout2006-07-19 STAFF REPORTS 2H O�pALM Sp9 �2 u m k % C i °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