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09 City Council Staff Re ort
Date: July 21, 2010 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 2 TO THE CONSTRUCTION
COOPERATIVE AGREEMENT RELATED TO THE INDIAN CANYON
DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT; CITY PROJECT
00-14
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Amendment No. 2 to the Construction Cooperative Agreement between the state of
California Department of Transportation ("Caltrans"), the City of Palm Springs, and the
County of Riverside modifies the agreement to allow the use of state Transportation
Improvement Program/Regional Improvement Program ("STIP/RIP") funds for
construction capital and construction support costs for the Indian Canyon Drive at
Interstate 10 Interchange Project (1-10 Project").
RECOMMENDATION:
1) Approve Amendment No. 2 to Agreement No. 5900, a Construction Cooperative
Agreement between the state of California Department of Transportation
(°Caltrans"), the City of Palm Springs, and the County of Riverside related to the
Indian Canyon Drive at Interstate 10 Interchange Project (City Project 00-14);
and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On September 16, 2009, the City Council approved Agreement No. 5900, a
Construction Cooperative Agreement between the state of California Department of
Transportation ("Caltrans"), the City of Palm Springs, and the County of Riverside
related to the Indian Canyon Drive at Interstate 10 Interchange Project (City Project 00-
14). The City is the Lead Agency for the 1-10 Project, and Riverside County is
administering this 1-10 Project for the City, which will allow the concurrent construction
of the Indian Canyon Drive, Palm Drive/Gene Autry Trail, and Date Palm Drive 1-10
City Council Staff Report
July 21, 2010- Page 2
Amendment 2 to Indian Canyon Drive/1-10 Construction Coop Agreement
Interchange Projects to be administered more efficiently by one single agency,
Riverside County.
On December 2, 2009, the City Council approved Amendment No. 1 to this Agreement,
which facilitated the programming of $5,517,500 in American Recovery and
Reinvestment Act of 2009 ("ARRA") funds for this project. At that time, the construction
cost estimate was $25,475,600, Subsequently, on April 28, 2010, Riverside County
opened bids on this project and the low bid was submitted by Granite Construction for
$16,526,137 which was significantly less than the final construction estimate.
The original Construction Cooperative Agreement required $8,128,500 in local funding
to apply towards required local match amounts for the two DEMO federal earmarks
(which require a 20% local match) and construction support costs (administration and
inspection). Given the low construction bid, a revised construction phase estimate of
$22,274,165 has been developed which can now be entirely funded by the various
federal grants and the state STIP/RIP funds, re uirin 0 in local funding for the
construction phase.
The original Construction Cooperative Agreement specifically programmed the state
STIP/RIP funds for construction "capital" only, and it can't be applied to construction
"support" costs without a further amendment to the agreement. Further, it is required to
identify the use of state STIP/RIP funds towards the required 20% local match of the
two DEMO federal earmarks, whereas previously the agreement identified the use of
local funds.
Staff recommends that the City Council approve Amendment 2 which formally
redistributes the costs of the construction phase of this project, and eliminates any need
for local funding for it.
FISCAL IMPACT:
Exhibit A for Amendment 2 of the Construction Cooperative Agreement identifies the
construction phase estimate for the Indian Canyon Drive 1-10 Project: $4,078,290 for
construction support and $18,195,875 for construction, for a total construction phase
cost of$22,274,165.
Exhibit A/2 also identifies the different funding sources for this project, as follows:
DEMO TEA 21 federal earmark: $1,120,885
DEMO SAFETEA-LU federal earmark: $1,979,780
STIP/RIP state funds: $13,656,000
ARRA federal funds: $5,517,500
n
City Council Staff Report
July 21, 2010 - Page 3
Amendment 2 to Indian Canyon Drive/1-10 Construction Coop Agreement
The total in state and federal funding programmed for this project is $22,274,165 which
will cover 100% of the costs for the construction phase. Assuming no major changes to
the project are required during construction, no Regional or Local Measure A funds will
be required for construction.
SUBMITTED:
Prepared by: Recommended by:
v
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wilso , Asst. City Manager David H. Ready, Ckollg&r
Attachments:
1. Amendment No. 2 to Construction Cooperative Agreement No. 5900
08-Riv-10-PM 32.6/33.6
Reconstruct Existing Interchange at
I-I O/Indian Avenue
EA 455701
District Agreement No. 8-1433 A/2
AMENDMENT NO.2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT,ENTERED INTO EFFECTIVE ON
2010, is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation,referred to herein as"STATE,"and the
CITY OF PALM SPRINGS,a body politic and
municipal corporation of the State of California,
referred to herein as"CITY"
and
COUNTY OF RIVERSIDE, a political subdivision
of the State of California,referred to herein as
"COUNTY."
RECITALS
I. The parties hereto entered into Agreement No. 8-1433,on October 27,2009,to
reconstruct existing interchange at Interstate 10(I-10)/Indian Avenue,located within the
City of Palm Springs,in Riverside County,referred to herein as"PROJECT."
2. The parties hereto entered into Agreement No. 8-1433 A/1, on December 23,2009,to
include Regional American Recovery and Reinvestment Act of 2009(ARRA)funds in
the amount of$5,517,500 in place of some of the Local funds.
3. It has been decided that the PROJECT will now be using STATE's Transportation
Improvement Program/Regional Innprovement Program(STIP/RIP)funding source in
place of the Local funds.
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District Agreement No. 8-1433 A/2
IT IS THEREFORE MUTUALLY AGREED:
1. Under RECITALS of Agreement No. 8-1433,Articles 4 and,7,are hereby amended in
their entirety to read as follows:
664. CITY for the purpose of funding PROJECT cost for capital outlay will be using
Regional ARRA funding source in the amount not to exceed$5,517,500,
STATE's Transportation Improvement Program/Regional Improvement Program
(STIP/RIP)funding source in the amount of$13,035,867,Federal Demonstration
Transportation Equity Act for the 21"'Century(DEMO TEA 21)funds in the
amount of$1,120,885 and STIP/RIP matching funds in the amount of$224,177;
and Safe,Accountable,Flexible,Efficient,Transportation Act Equity-A legacy
for Users(DEMO SAFETEA-LU) funds in the amount of$1,979,780 and
STIP/RIP matching funds in the amount of$395,956. The PROJECT cost
estimate is$22,274,165 as shown on Exhibit A-2,attached hereto and made a part
of this Agreement."
"7. The STATE's STIP/RIP funds were programmed by the California Transportation
Commission(CTC)at the July 26,2007,meeting, for the PROJECT's construction
capital and support."
2. Under SECTION I of Agreement No. 8-1433,Articles 1, 3 and 8, are hereby amended in
their entirety to read as follows:
991.
To be responsible for one hundred(100%)percent of total PROJECT construction
cost(of which a portion will be funded out of STATE's STIP/RIP,Regional
,A RRA, DEMO and SAFETEA-LU funding sources,as shown in Exhibit A-2)
required for satisfactory completion of PROJECT, including,but not limited to
Construction Zone Enhancement Enforcement Program(COZEEP),"State-
furnished material(SFM),"and source inspection costs of STATE's IQA. If it
becomes necessary for an increase in PROJECT funding,said increase will be
paid in full by CITY."
"3. CITY authorizes STATE to reimburse itself from then available STIP/RIP funds
for the actual cost of SFM and source inspection cost."
"8. Upon completion of the construction capital and support activities for PROJECT,to
furnish STATE with a detailed statement of the total actual costs funded from STATE's
STIP/RIP funding source,which were reimbursed to CITY on a continuous basis."
3. Under SECTION I of Agreement No. 8-1433,Articles 4, 5,and 6,are hereby deleted in
their entirety
4. Under SECTION II of Agreement No. 8-1433,Article 3 is hereby amended in its entirety
to read as follows:
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District Agreement No. 8-1433 A/2
443. To submit a written request for any SFM identified in the PROJECT plans,
specifications,and estimates(PS&E)a minimum of forty-five(45)days in advance of the
need for such materials. COUNTY may take delivery of the SFM."
5. Under SECTION III of Agreement No. 8-1433,Articles 3, 5 and 7,are hereby amended
in their entirety to read as follows:
63- To provide,at CITY's cost,any SFM as shown on the PROJECT PS&E. Upon receipt of
COUNTY's request for any such SFM, STATE will order those materials and STATE
will make those SFM available to COUNTY at a STATE designated site."
"5. STATE to reimburse itself from then available STIP/RIP funds for actual cost of SFM
and source inspection for PROJECT."
667. To allocate$13,656,000 from STATE's STIP/RIP funding source to PROJECT. These
fiords were programmed by the CTC at the July 26,2007,meeting for construction
capital and support services for PROJECT."
6. Under SECTION IV of Agreement No. 8-1433,a new Article 29 is hereby added to read
as follows:
"29. STATE invoices for support costs including all direct and applicable indirect
costs. Applicable indirect costs are determined by the type of funds being used to
pay for support. State and federal funds are subject to the Program,Functional
Rate. Local funds(Measure money,developer fees,special assessments,etc.)are
subject to the Program Functional Rate and the Administration Rate. STATE
establishes the Program Functional Rate and the Administration Rate annually
according to State and Federal regulations."
7. The new Exhibit A/2,dated May 6,2010,replaces the original Exhibit A and A/1 of
Agreement No. 8-1433 and is hereby attached to and made a part of that Agreement and
any reference to Exhibit A and A%1 in the original agreement is deemed to be a reference
to the Exhibit A/2.
8. All other terms and conditions of said Agreement No. 8-1433 shall remain in full force
and effect.
9. This Amendment No. 2 to Agreement is hereby deemed to be a part of Agreement
No. 8-1433.
SIGNATURES ON FOLLOWING PAGE:
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District Agreement No. 8-1433 A/2
STATE OF CALIFORNIA CITY OF PALM SPRINGS
DEPARTMENT OF TRANSPORTATION
CINDY MCKIM By:
Director DAVID H.READY
CITY Manager
By: By:
RAYMOND W. WOLFE,PhD JAMES THOMPSON
District Director CITY Clerk
APPROVED AS TO FORM AND
PROCEDURE:
APPROVED AS TO FORM AND
PROCEDURE:
By:
DOUGLAS HOLLAND
CITY Counsel
By:
Attorney, COUNTY OF RIVERSIDE
Department of Transportation
By:
CERTIFIED AS TO FUNDS: Supervisor,Board of Supervisors
By: By:
District Budget Manager Clerk,Board of Supervisors
CERTIFIED AS TO FINANCIAL APPROVED AS TO FORM AND
TERMS AND POLICIES: PROCEDURE:
By: By:
Accounting Administrator COUNTY Counsel
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