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1FORN` City Council Staff Report
Date: February 1, 2012 CONSENT CALENDAR
Subject: APPROVAL OF A COOPERATIVE AGREEMENT WITH CATHEDRAL
CITY RELATED TO THE RAMON ROAD WIDENING (SAN LUIS REY
DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER
BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID
PROJECT NO. BHLS-5282 (040)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works & Engineering Department pursued federal funding from the state of
California Department of Transportation ("Caltrans") through its Highway Bridge
Program ("HBP") to widen the existing Ramon Road bridge across the Whitewater
River. Caltrans approved the City's federal grant request, and awarded the City federal
funding to initiate the preliminary environmental phase for this project. The proposed
cooperative agreement with Cathedral City splits our shares of the locally funded portion
of the preliminary engineering phase of this project.
RECOMMENDATION:
1) Approve Agreement No. , an Agreement by and between the City of Palm
Springs and City of Cathedral City for Funding the Local Share of the Preliminary
Engineering Phase of the Widening of the Ramon Road Bridge over the
Whitewater River Channel and Associated Street Improvements; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On January 30, 2008, the City of Palm Springs, the City of Cathedral City, and the Agua
Caliente Band of Cahuilla Indians submitted a letter to CVAG requesting funding of a
Project Study Report (PSR) to identify the project details and overall scope for the
widening of Ramon Road to its full 6-lane width, extending from San Luis Rey Drive to
Landau Boulevard, including widening of the existing bridge over the Whitewater River.
ITEM NO.
City Council Staff Report
February 1, 2012- Page 2
Ramon Road Widening (CP 08-25)
Subsequently, the City completed the PSR resulting in a funding package requesting
over $25 Million in federal Highway Bridge Program ("HBP") funds for widening the
Ramon Road bridge and adjacent bridge approaches. The existing Ramon Road bridge
is eligible for funding under the HBP, which is administered by Caltrans. The HBP
federal funds cover 88.53% of eligible project costs, requiring an 11.47% local match.
On April 28, 2010, Caltrans representatives advised the City that the funding request
was approved, and that the project would be programmed as part of the HBP in 2011.
Total project costs are estimated as follows:
Year Phase HBP Funding Local Funding Totals
2010/2011 Prelim. Engineering (PE) $2,453,000 $915,000 $3,368,000
2014/2015 Right of Way (RW) $1,030,000 $1,736,000 $2,766,000
2017/2018 Construction (CON) $21,753,000 $8,111,000 $29,864,000
Totals $25,236,000 $10,762,000 $35,998,000
Pursuant to a funding agreement with CVAG and Cathedral City, the local funding
amounts will be funded by CVAG with 75% Regional Measure A funds with the
remaining 25% equally split between Palm Springs and Cathedral City. This reduces
the City's responsibility of the $36 Million total project cost to approximately $1.35
Million to be funded with Local Measure A funds.
The proposed agreement with Cathedral City facilitates the equal share of the local
funding of the Preliminary Engineering ("PE") Phase, not funded by the federal grant or
by CVAG.
FISCAL IMPACT:
The City has obtained $2,453,000 in federal funds for the Preliminary Engineering
("PE") phase of this project. The City has also entered into a funding agreement with
CVAG to fund 75% of the $915,000 local funding costs, with the remaining 25% equally
split between Palm Springs and Cathedral City.
The proposed agreement facilitates the equal split between Palm Springs and Cathedral
City of the remaining 25% of the $915,000 local funding costs ($114,375 each).
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City Council Staff Report
February 1, 2012- Page 3
Ramon Road Widening (CP 08-25)
SUBMITTED:
Prepared by: Recommended by:
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Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
C;��R4'f�'�O
Thomas J. Wilso sst. City David H. Ready, Ci ger
ATTACHMENTS:
1. Agreement
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AGREEMENT
BY AND BETWEEN
CITY OF PALM SPRINGS
AND
CITY OF CATHEDRAL CITY
FOR
FUNDING THE LOCAL SHARE OF THE PRELIMINARY ENGINEERING PHASE
OF THE WIDENING OF THE RAMON ROAD BRIDGE OVER THE WHITEWATER
RIVER CHANNEL AND ASSOCIATED STREET IMPROVEMENTS
THIS AGREEMENT ("Agreement") is entered into this // day of
J � N 20L.Z("Effective Date"), by and between the City of Palm Springs, a
charter city located in the State of California ("CPS"), and the City of Cathedral City, a
municipal corporation located in the State of California ("CCC") for the funding of the
local share of the Preliminary Engineering ("PE") Phase of the widening of the Ramon
Road Bridge over the Whitewater River Channel and associated street improvements
("Project').
RECITALS
WHEREAS, CPS and CCC share a common jurisdictional boundary between the
two cities along the centerline of Ramon Road between San Luis Rey Drive and Landau
Boulevard; and
WHEREAS, CPS and CCC previously entered into a cooperative agreement on
the preparation of a Project Study Report ("PSR") on the Project; and
WHEREAS, on behalf of both cities, CPS acting as lead Agency, submitted the
PSR to the California Department of Transportation ("Caltrans") to request federal
Highway Bridge Program ("HBP") funding for the Project; and
WHEREAS, Caltrans approved the request for HBP funding for the Project, and
has listed the Project in the 2011 Federal Transportation Improvement Program
("FTIP"); and
WHEREAS, the 2011 FTIP has programmed a total of $35,998,000 for all
phases of the Project with $25,236,000 of federal HBP funds and $10,762,000 of local
funds; and
WHEREAS, CPS and CCC have entered into a separate agreement with the
Coachella Valley Association of Governments ("CVAG") for Regional Measure A
funding for the Project; and
WHEREAS, pursuant to the agreement with CVAG, CVAG has agreed to provide
Regional Measure A funds for 75% of the unfunded local portion of qualified Project
costs, with CPS and CCC responsible for 25% of the unfunded local portion of qualified
Project costs (or "Local Share"); and
04,
WHEREAS, of the total Project costs, the 2011 FTIP identifies $3,368,000 for the
PE Phase with $2,453,000 of federal HBP funds and $915,000 of local funds; and
WHEREAS, CPS has received authorization from Caltrans to proceed with the
PE Phase of the Project, and Caltrans has obligated the federal HBP funds for the PE
Phase; and
WHEREAS, the Local Share of PE Phase costs of the Project to be jointly funded
by CPS and CCC is 25% of$915,000 —or$228,750; and
WHEREAS, the Local Share of PE Phase costs of the Project, along with future
Right-of-Way Phase and Construction Phase costs, will be equitably shared by CPS
and CCC.
NOW, THEREFORE, in consideration of the mutual covenants, obligations and
subject to the conditions contained herein, the parties hereto agree as follows:
Section 1. Incorporation of Recitals.
All of the above Recitals are true and correct and incorporated herein by this
reference to the same extent as though set forth in full.
Section 2. Obligations.
a. CCC agrees to pay to CPS one half the Local Share of PE Phase costs as
those costs are incurred within 30 days of receipt of invoice from CPS
including appropriate documentation showing total PE Phase costs
incurred less federal HBP funds and CVAG Regional Measure A funds
applied.
b. CPS shall invoice CCC not more frequently than quarterly.
C. CCC's maximum obligation for its Local Share of PE Phase costs shall not
exceed $114,375.
d. In the event a contribution may be made by the Agua Caliente Band of
Cahuilla Indians ("ACBCI") with its Indian Reservation Road ("IRR") funds
towards the PE Phase costs of the Project, this Agreement shall be
amended by the parties to reflect the overall reduction in the Local Share
of PE Phase costs of the Project, and the resulting equitable shares
equitably owed by CPS and CCC.
e. Obligations for the unfunded local portion of the Right-of-Way Phase and
Construction Phase Project costs shall be the subject of a separate
agreement between CPS and CCC, and no obligation beyond that
established herein shall be imposed except by such separate agreement.
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Section 3. Notice.
a. Any notice, demand, or request either party desires, or is required to give
to the other party, or to any other person, shall be in writing and shall be
served either personally or sent by first class mail, postage pre-paid, to the
following addresses:
b.
City of Cathedral City City of Palm Springs
68-700 Ave. Lalo Guerrero P.O. Box 2743
Cathedral City, CA 92234 Palm Springs, CA 92263
Attn: City Manager Attn: City Manager
C. Either party may change its address by notifying the other party in writing
of the change of address. Notice shall be deemed communicated at the
time personally delivered or after seventy two (72) hours from the time of
depositing in the U.S. mail, if mailed as provided in this section.
Section 4. Integration.
This Agreement supersedes any and all other agreements, either oral or written,
between the parties with respect to the subject matter of this Agreement, and contains
all of the covenants and agreements between the parties with respect to the subject
matter of this Agreement, and each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements have been made by or on
behalf of any party except those covenants and agreements embodied in this
Agreement.
Section 5. Interpretation.
This Agreement shall not be interpreted against either party on the grounds that
one of the parties was solely responsible for preparing it or caused it to be prepared as
both parties were involved in drafting it.
Section 6. Waiver.
No waiver shall be binding, unless executed in writing by the party making the
waiver, and no waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. Failure of
either party to enforce any provision of this Agreement shall not constitute a waiver of
the right to compel enforcement of the remaining provisions of this Agreement.
Section 7. Severability.
If any one or more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the
same shall be deemed severable from the remainder of this Agreement and shall not
affect, impair or invalidate any of the remaining sentences, clauses, paragraphs, or
sections contained herein.
Section 8. Governing Law.
The validity of this Agreement and any of its terms or provisions as well as the
rights and duties of the parties under this Agreement shall be construed pursuant to and
in accordance with California law.
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Section 9. Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise
by either party of one or more such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or
any other default by the other party.
Section 10. Venue.
All proceedings involving disputes over the terms, provisions, covenants or
conditions contained in this Agreement and all proceedings involving any enforcement
action related to this Agreement shall be initiated and conducted in the applicable court
or forum in Riverside County, California.
Section 11. Successors in Interest.
This Agreement is and will be binding upon and will inure to the benefit of the
parties and their legal successors and assigns.
Section 12. Amendments.
This Agreement may be supplemented, amended or modified only by the written
agreement of the parties. No supplement, amendment or modification will be binding
unless it is in writing and signed by both parties.
Section 13. Counterparts.
This Agreement may be executed in counterparts and shall be deemed to be
executed on the last date any such counterpart is executed.
Section 14. Authority to Enter Agreement.
Each party warrants that the individuals who have signed this Agreement have
the legal power, right, and authority to make this Agreement and to bind each respective
party.
Section 15. Captions and Headings.
The captions and headings contained in this Agreement are provided for
identification purposes only and shall not be interpreted to limit or define the content of
the provisions described under the respective caption or heading.
* * * SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, this Agreement has been duly executed by the respective
parties hereto by their duly authorized officers as of the date hereinabove first written.
"CCC" "CPS"
CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS
A CALIFORNIA MUNICIPAL CORPORATION A CALIFORNIA CHARTER CITY
t 4C
DONALD E. BRAD EY, City Manager DAVID H. READY, City Manager
A ST: ATTEST:
PAT HAMMERS, City Clerk JAMES THOMPSON, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
CHARLES R. GREEN, City Attorney DOUGLAS C. HOLLAND, City Attorney
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