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HomeMy WebLinkAbout12/5/2012 - STAFF REPORTS - 5.G. ;O pALMSp9 .y W u m Y CPb9Pit0 O'te Cq</FOStJ4 City Council Staff Report Date: December 5, 2012 NEW BUSINESS Subject: NORTH INDIAN CANYON DR IMPROVEMENT PROJECT From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY This action will authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the City of Desert Hot Springs and County of Riverside committing to the design, construction and funding for the improvement of Indian Canyon Dr between 20t Ave and Dillon Rd. The total estimated cost of the project is $14,397,149. The City of Desert Hot Springs is lead agency and has received a $3,000,000 grant for the project from the Department of Commerce-Economic Development Administration and CVAG Executive Committee has approved funding 75% of the remainder. The MOU formalizes the split of the remaining local share, which in the case of Palm Springs, is estimated at $598,351. A separate side agreement provides for the City of Palm Springs paying 1/3 of the amount annually to the City of Desert Hot Springs over a 3 year period. RECOMMENDATION: 1) Approve the three party MOU and side agreement for the Indian Canyon Dr Improvement project 2) Authorize City Manager to execute all necessary documents. STAFF ANALYSIS: In July, 2011 City of Desert Hot Springs staff met with the Department of Commerce Economic Development Administration (DOC-EDA) to discuss the potential for grant funding to induce additional economic investment in the City of Desert Hot Springs, City of Palm Springs and County of Riverside. After being provided additional information regarding the "focus" of the current administration (which included energy generation projects and multi-jurisdictional projects) staff began working with the City of Desert Hot Springs and the County of Riverside on a proposed project to make significant improvements to North Indian Canyon essentially, 20th Ave north to Dillon Rd. City Council Staff Report December 5, 2012- Page 2 North Indian Cyn Dr Improvement Project Subsequently, City of Desert Hot Springs staff put forward a "Pre-Application" to DOC- EDA in December, 2011. DOC-EDA staff reviewed the application and invited the City of Desert Hot Springs (on behalf of the three jurisdictions) to submit a full application by December 3, 2012. The full application will contain the following documents: 1. Department of Commerce Economic Development Administration Application 2. Resolution Authorizing City Manager to Enter into Agreement(s) 3. Memorandum of Understanding (MOU) between the Three (3) Jurisdictions 4. Agreement with the Coachella Valley Association of Governments Regarding Regional Funding The total project is projected to cost $14,397,149. The DOC-EDA grant is for $3 million (the maximum available pursuant to information provided by DOC-EDA staff). The balance ($11,397,149) is scheduled to be paid between CVAG (75%) and the local jurisdictions (25%) (City of Desert Hot Springs, City of Palm Springs and the Couty of Riverside). The local amount ($2,849,287) is split between the three local jurisdictions. The City of Palm Springs' share is estimated to be $598,351, which will require annual payments to the City of Desert Hot Springs of $199,450 for 3 years pursuant to the side agreement. FISCAL IMPACT: Sufficient funds will be available annually in Measure A account 134-4498-50000. City Council Staff Report December 5, 2012 -Page 3 North Indian Cyn Dr Improvement Project SUBMITTED: Prepared by: David J. Barakian Director of Public Works/City Engineer Approved by: David H. Ready, City er Attachments: 1. Side Agreement 2. MOU 3. Project Map 4. DHS Email pT Sp City of Desert Hot Springs -•Y C: 65-950 Pierson Blvd.•Desert Hot Springs • CA • 92240 (760) 329-6411 www.cityofdiis.org December 3, 2012 Mr. David Ready City of Palm Springs RE: Indian Avenue Agreement Dear Sir, Whereas the undersigned agree to the terms outlined in the Tri-Party Agreement between the City of Desert Hot Springs, Riverside County, and the City of Palm Springs as signed by the City of Desert Hot Springs, and Riverside County, the City of Desert Hot Springs agrees to invoice the City of Palm Springs an amount not to exceed $598,350.35 as their total contribution under the agreement for the project specified in the Tri Party Agreement. This amount is an engineers estimate; all invoices will reflect actual costs of construction. Further, the City of Palm Springs agrees to remit payment upon invoice from the City of Desert Hot Springs in three installments as follows: • One third ($199,450.00) upon notification from the US Economic Development Agency of award of grant. (The time period between submission of the grant application on December 13, 2012 and notification could be 180 days or more depending upon the discretion of the EDA.) • One third ($199,450.00) 12 months from the date of the first payment. • One third ($199,450.00) 12 months from the date of the second payment. This agreement is binding and subject to all of the terms and conditions set forth in the Tri-Party Agreement. Sincerely, Rick aniels David Ready City Manager City Manager City of Desert Hot Springs City of Palm Springs EDA N. INDIAN CANYON DRIVE & DILLON ROAD PROJECT PHASE 1 & 2 ' 53+27 MRiCNUNE- SEE BELOW LEFT DILLON RD C� Ion *a O B 250" 250'_ -1t TH U V B DR IBaCO WTCHUME - SEE BELOW MIOOI£ e 3 R 1 u1 3 }II 3 T � B r i:r TEAGARDEN DR ; T 20TH AVE I TRIPEPI ST 19TH AVE � a 18TH AVE g J 26a00 WTCMIME -ME090YE RICM 18TH AVE �+v T�uw sm .,cmE PROJECT LIMITS Tri-Party Memorandum of Understanding For Project to Improve Indian Avenue Between 201h Avenue and Dillon Road This Tri-Pang Memorandum of Understanding ("MOU') is entered into as of day of 12012 by and between the County of Riverside ("Count} '), a political subdivision of the State of California,the City of Desert Hot Springs ("Desert Hot Springs"), a California charter city, and the City of Palm Springs ("Palm Springs"), a California charter city. County,Desert Hot Springs and Palm Springs are each individually a"Party" and collectively, the "Parties." Recitals A The Transportation Project Prioritization Study(the "Transportation Study'), a Coachella Valley-wide study regularly prepared and updated under auspices of the Coachella Valley Association of Governments ("CVAG"), a California joint powers agency, has identified various transportation and highway projects throughout the Coachella Valley as projects of regional importance. B. In the Transportation Study, CVAG identified a project to design and construct improvements to Indian Avenue between 20th Avenue and Dillon Road, and improvements to the intersection of Indian Avenue and Dillon Road (the "Project'). The Project is of significant regional importance and is located within the jurisdictions of Desert Hot Springs,Palm Springs and the County. The Project consists of the improvement of 9,645 linear feet of roadway infrastructure as detailed on Exhibit A attached hereto and incorporated herein by this reference. C. To fund the Project,Desert Hot Springs submitted a preliminary application for the United States Department of Commerce (the "DOC') Economic Development Administration Public Infrastructure Grant for$3 million (the "Federal Grant"). Desert Hot Springs received a favorable reaction from the DOC, and the DOC requested that the Parties enter into a joint memorandum of understanding in support of Desert Hot Spring's application for the Federal Grant. D. In addition to the Federal Grant, each Parry desires to assist in the funding of the Project through individual financial contributions. E. CVAG desires to help fund implementation of the Project as the Parties are member jurisdictions of CVAG, and the Project is of regional importance. F. The Parties desire to enter into this MOU to establish the roles and responsibilities of each Party with respect to the design and construction of the Project. NOW, THEREFORE, in consideration of the covenants of the Parties expressed in this MOU,the Parties agree as follows: 1 1. Purpose. The purpose of this MOU is to formalize the commitment among the Parties to work in a partnering process to coordinate the design, construction and funding of the Project, including the coordinated submission of a final application to the DOC for the Federal Grant, and to support the efficient and orderly implementation of the Project. 2. Project Development and Management. a. Project Manager. Desert Hot Springs shall serve as the lead agency for the Project, and shall provide the project management and construction services for the design and implementation of the Project, including, but not limited to hiring design consultants, preparing engineering studies and drawings, right-of-way acquisition,preparing required documentation and reporting functions,finance administration, obtaining necessary permits and approvals, and managing the design,public bid,construction, invoicing, and grant and financial management processes (the "Project Manager Services"). b. Cooperative Effort. Desert Hot Springs shall provide the Project Manager Services in consultation with the County and Palm Springs. The Parties shall cooperate with each other to enable the performance of the Project Manager Services by Desert Hot Springs pursuant to this MOU. The Parties shall use their best efforts to be timely and responsive in accomplishing all work covered bythis MOU. Each Party shall designate a point of contact,which person shall have the responsibility for ensuring requests are met in a timely manner and resolving disputes,should they arise. 3. Project Funding. The Parties and CVAG shall fund the Project as specified in this MOU. The total cost of the Project is estimated to be $14,397,149 (the"Total Project Cost") as provided in the Project budget attached hereto as Exhibit B and incorporated herein by this reference. a. General Structure of CVAG Funding Procedure. Under CVAG's policy of funding eligible projects by member jurisdictions (the "CVAG Funding Procedure"), CVAG shall be responsible for seventy-five percent (75%) of the project costs (the "Regional Share Cost"), and the responsible member jurisdictions shall be responsible for twenty-five percent (259/6) of the project costs (the "Local Share Cost")plus any ineligible project costs that are not pemvtted to be funded pursuant to the CVAG's rules and policies ("CVAG Ineligible Cost"). The CVAG Funding Procedure requires outside funding to be deducted from the total cost of a project prior to the calculation of the Regional Share Cost and the Local Share Cost. b. Project-Specific Funding Procedure. In accordance with the CVAG Funding Procedure,the Parties agree that the Project is anticipated to be financed as follows: i. The Federal Grant shall be deducted from the Total Project Cost prior to the determination of the Regional Share Costs and the Local Share Costs of the Project (the "Net Project Cost"). The Net Project Cost is estimated to be $11,397,149,which represents the difference between the Total Project Costs and the Federal Grant. 1 The Net Project Cost shall be used to calculate the Regional Share Cost and the Local Share Cost. The Regional Share Cost is estimated to be $8,547,862,which 2 represents the Net Project Cost nultiplied by the percentage share of the Regional Share Cost (i.e. 759/6). The Local Share Cost is estimated to be $2,849,287,which represents the sum of the Net Project Cost nn*lied by the percentage share of the Local Share Cost (i.e. 259/6)plus any CVAG Ineligible Costs. The sum of the Local Share Cost plus the CVAG Ineligible Costs is the "Total Local Jurisdiction Costs." iii. Each Parry is required to pay a portion of the Total Local jurisdiction Costs in accordance with the percentage allocations specified in Exhibit C attached hereto and incorporated herein by this reference. The Total Local jurisdiction Costs percentages are based upon the total amount of improved linear feet of the Project within the jurisdiction of each Party. c. Requirement to Secure Funding. The Parties shall ensure that sufficient funding is in place prior to the commencement of the Project. If the Federal Grant award is less than$3 million,the Parties agree in good faith to meet and confer to consider amendment to this MOU to provide for further appropriate funding for the implementation of the Project. d. Increases in Total Project Cost. The Total Project Cost is estimated based on the Project budget provided in Exhibit B. To the extent the Total Project Cost as provided therein increases above 20%,the Parties agree in good faith to meet and confer to consider amendment to this MOU to provide for further appropriate funding for the implementation of the Project. Increases in materials costs arising from various factors including, but not limited to,import tariff or duty, commodity and/or input shortages,or prevailing wage increases,shall be divided among the Parties pursuant to the Regional Share Costs and Local Share Costs formulas provided in this Section 3. 4. Payment. a Timing of Funding:Escrow Account. The Parties agree to deposit fifty percent (50%) of its proportionate share of the Total Local jurisdiction Costs into an escrow account established by Desert Hot Springs (the "Escrow Account") within ten (10) business days of receipt of the final commitment from the DOC for the Federal Grant. The Parries agree to deposit the remaining fifty percent (500/6) of its proportionate share of the Total jurisdiction Costs into the Escrow Account within ten (10) business days of the commencement of construction of the Project. b. Costs Eligible for Reimbursement. The Project Manager Services costs eligible for advanced payment or reimbursement from the Escrow Account include, but are not limited to,the following items: (1) Desert Hot Springs and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies and design drawings; (3) funds expended for preparation of environmental review documentation that may be required; (4) all costs associated with right-of-way acquisition, including costs associated with engineering, appraisal, legal costs for condemnation proceedings; (5) costs reasonably incurred for any condemnation proceedings required; (6) Desert Hot Springs and/or consultant costs incurred for the preparation of plans, specifications and estimates; (7) Desert Hot Springs costs associated with the competitive bidding process; (8) 3 construction costs, including change orders; (9) construction management and field inspection; and (10) Desert Hot Springs administrative costs to manage and administer completion of the Project by providing the Project Manager Services. c. Invoices. At the end of each calendar quarter,Desert Hot Springs shall submit an invoice to the Parties documenting the expenditure of the Local Share Costs in the Escrow Account. Each invoice shall be accompanied by-detailed contractor invoices, or other demands for payment addressed to Desert Hot Springs for the Project. Upon receipt of an invoice,the Parties may request additional documentation or explanation of the costs detailed on the invoice. In the event the Parties dispute amounts on the invoices, CVAG shall have the final authority to make a determination on the validity of the invoice pursuant to the procedure provided in that certain Agency Reimbursement Agreement by and between CVAG and Desert Hot Springs dated December 3,2012. 5. Term and Termination. a. Term The effective date of this MOU is December 3,2012. The initial term of this MOU shall be for sevent}=two (72) months, unless terminated by the Parties as provided in this Section 5,or extended by mutual consent of the Parties as evidenced by an amendment to this MOU executed by the Parties. b. Termination. The Parties may terminate this MOU by giving forty,five (45) days prior written notice to the other Patties. The Party delivering such notice to terminate shall meet and confer with the other Parties to within ten (10) business days of delivering such notice to discuss any outstanding work or payment issues. The Parties shall reimburse Desert Hot Springs for all Project Manager Services provided as of the effective date of the termination. 6. Event of Default. Anyone of the following occurrences shall constitute an "Event of Default" under this MOU. (a) a Patty shall fail to pay any payment when due in accordance with the terms hereof; (b) a Parry becomes insolvent or bankrupt, commits any act of bankruptcy, generally fails to pay its debts as they become due, becomes the subject of any proceedings or action of any regulatory agency or any court relating to bankruptcy or insolvency, or makes an assignment for the benefit of its creditors,or enters into any agreement for the composition, extension, or readjustment of all or substantially all of his obligations; or (c) a Party fails to comply with any covenant contained in this MOU and does not cure such failure within fifteen (15) days after receiving written notice thereof. Upon the occurrence of any Event of Default hereunder,the non-defauking parties shall have and may exercise any and all rights and remedies available to it at law or in equity. 7. Miscellaneous. a. Entire Agreement. This MOU contains the entire agreement of the Parties related to the subject matter hereof and supersedes all prior written or oral agreements, understandings, representations or statements with respect thereto. This MOU may not be amended or modified expect in a writing signed by the Parties. 4 b. Severability If any one or more of the terms, provisions or conditions of this MOU is declared by a court of competent jurisdiction to be invalid, unenforceable,void or voidable for any reason, each and every remaining term,provision and condition shall not be affected and shall remain valid and enforceable to the maximum extent permitted bylaw. c. No Partnership or Joint Venture. This MOU shall not be construed as creating a partnership or joint venture between the Parties. d. Counterparts. This MOU may be executed in one or more counterparts, each of which will be deemed an original, and all of which, when taken together, will constitute one and the same instrument. e. Choice of Law. Thus MOU, and the rights and obligations of the Parties, shall be governed by and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this MOU shall be filed in the Superior Court of California, County of Riverside or in the United States District Court for the Central District of California f. No Assignment No Third Party Beneficiaries. The rights granted hereby may not be transferred or assigned by operation of law or otherwise without the written consent of each Parry. Nothing in this MOU is intended to or shall confer upon any persons other than the Parties any rights or remedies hereunder. g. Waiver. A waiver by a Parry of the performance of any covenant or condition herein shall not invalidate this MOU nor shall the delay or forbearance by the Parties in exercising any remedy or right be considered a waiver of, or an estoppel against,the later exercise of such remedy or right. No waiver of any breach of any covenant or provision herein shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless it complies with the provisions of Section Ta. h. Section HeadiW.Interpretation The section headings used herein are solely for convenience and shall not be used to interpret this MOU The provisions of this MOU shall be construed as a whole according to their common meaning, and not strictly for or against any Party,in order to achieve the objectives and purposes of the Parties in executing this MOU. [Remainder of the page intentionally blank] 5 IN WITNESS WHEREOF,the Parties have executed this Tri-Party Memorandum of Understanding as of the date first written above. COUNTY OF RIVERSIDE, a political subdivision of the State of California By. CITY OF DESERT HOT SPRINGS, a California charter city By City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF PALM SPRINGS, a California charter city By. ATTEST. APPROVED AS TO FORM- City Attorney 1981972.2 6 Exhibit A Project Map 7 Exhibit B Project Budget 8 Pagel of 2 Dave Barakian From: Dave Barakian Sent: Monday, December 03, 2012 9:38 AM To: 'Hal Goldenberg' Cc: Elizabeth Versace; David Ready; Bette OCamb Subject: RE: Indian Ave I've reviewed the attachments you sent me Nov 29@ 11:57 AM. For the most part I can agree with the estimate which now shows The total project estimated cost at$3,000,669 with our share now at$598,350 instead of the $797,800 noted in your staff report. Please note that the x section attachment shows 6" C&G while the estimate indicates 8". 1 assume the x section has the typo, correct? Please correct the CVAG staff report for the exec Committee. Our City Attorney is reviewing the proposed MOU. David Barakian Director of Public Works/City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8253 x8732 From: Hal Goldenberg [mailto:hgoldenberg@cityofdhs.org] Sent: Thursday, November 29, 2012 11:57 AM To: Dave Barakian Cc: Elizabeth Versace Subject: Mr. Barakian, you are indeed correct, per our engineer's survey, there are no underground utilities in your part of the project. Therefore, please review the following calculation of your cost share of the project.... Per the Engineering Budget: Items number 16-18 @ $504.16 per linear foot X 2745 Linear Feet= $1,383,919.20 Items number 1-15 less undergrounding and conduit ($9,534,536.00 - $3,853,750.00 = $5,680,786) as the total project cost($5,680,786/9645 = $588.98) as the cost per linear foot of the entire project, and ($588.98 X 2745 = $1,616,750.10) as your share. Your total pre CVAG and EDA cost of project is $1,383,919.20+ 1,616,750.10 =$3,000,669.30 Essentially, to back into the savings, the cost of undergrounding and conduit is $3,853,750. Broken out over the total project by linear feet, the cost is $3,853,750/9645 =$399.55. To proof the argument, subtract $399.55 from $988.55, and you get your linear cost of around $590 per linear foot give or take. Based upon our budget, the calculations above presume a 21% cost share after EDA and CVAG contributions. That brings your share to $598,350.35 In total, the City of Palm Springs will be obligated to $598,350.35. Per your request, attached are two exhibits for your staff report. Hal Goldenberg Director of Public Works City of Desert Hot Springs Phone (760) 329-6411, Ext. 216 Fax(760)288-0639 hgoldenber.gacityofdhs ora 12/3/2012 S.G. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF DESERT HOT SPRINGS FOR THE NORTH INDIAN CANYON DRIVE IMPROVEMENT PROJECT: RECOMMENDATION: 1) Approve an agreement with the City of Desert Hot Springs for the North Indian Canyon Drive Improvement Project; and 2) Authorize the City Manager to execute all necessary documents. A MATERIALS TO FOLLOW Item No. 5 . G .