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Home My WebLink About5/29/2002 - STAFF REPORTS DATE: May 29, 2002 TO: City Council FROM: Director of Public Works/City Engineer MEMORANDUM OF UNDERSTANDING BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE CITY OF PALM SPRINGS, BELARDO ROAD BRIDGE AND ROADWAY IMPROVEMENTS. RECOMMENDATION: That City Council approve the Memorandum of Understanding(M.O.U.)between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs, outlining the responsibilities for the design and construction of the Belardo Road Bridge and Roadway improvements. SUMMARY: Approval of this M.Q.U. will outline the responsibilities of City staff and Tribal staff. With respect to the design and construction of the Federally funded Belardo Road Bridge and Roadway improvements. Both Councils concurred in the preparation of this M.O.U. attheir joint meeting on February 13, 2002. BACKGROUND: On May 18, 2001, the City and Tribe submitted a joint application to the Federal Highway Administration for Federal Public Lands Highway-Discretionary funds to construct the Belardo Road Bridge and Roadway improvements. In December2001 President Bush signed the Transportation bill which contained$3million for this project. The project consists of a four lane bridge at Tahquitz Creek Channel widening and filling-in missing gaps on portions of Belardo Road between Ramon and East Palm Canyon Drive,widening missing portions of Mesquite Avenue west of Belardo Road and providing an access road to the Interpretive Center parking lot. As discussed and agreed between City and Tribal staffs the proposed M.O.U. formalizes responsibilities for the Belardo Road Bridge and Roadway project as follows: The Tribe will be the agency responsible for contracting for all environmental services, right-of-way services and obtaining any necessary rights-of-way for the project. The City will be the agency responsible for all coordination with CalTrans, contracting for engineering design services and construction engineering and inspection services. The City will be the lead agency for construction for the project. The City will be the agency responsible for submittal of all documentation to CalTrans. I M.O.U. Between Tribe and City May 29, 2002 Page 2 The Citywill be responsible forsubmitting reimbursement requests to CalTrans and will pass-on any reimbursements received which involve approved expenditures by the Tribe. The M.O.U. further specifies that both parties will be equally involved in the selection of consultants, approval of final plans, specifications and environmental documents, and representatives of each party will also serve on the project development team when the team is formed. All work shall follow Federal and State procedures for Federally funded projects. Despite Federal Highway Administration notification to Sacramento of the grant award on April 25, 2002 the Local CalTrans District has not provided authorization to the City to begin any work or expenditure of funds on this project. As of Wednesday May 15, 2002, CalTrans District 8 has still not authorized the City to proceed with the project. Due to this delay on authorization the previously distributed schedule has been revised as shown in the attachment. DAVID J. BARAKIAN Director of Public Works/City Engineer APPR VED �� City Manager ATTACHMENTS: 1. Minute Order 2. Schedule 3. M.O.U. lA� BELARDO ROAD BRIDGE AND ROADWAY R PROVEMENTS SCHEDULE INITIAL CRITICAL ITEM OF WORK: TARGET DATES: REVISED DATES: 1. Request for Field Review (Intl. PES February 8, 2002 February 8, 2002 & Checklist, etc.) (Mail to CalTrans) (completed) and authorization to proceed request 2. Field Review with CalTrans March 1, 2002 March 22, 2002 (completed) 3. Authorization by CalTrans (Amend- April 1, 2002 May 31, 2002 ment to Master Agreement) 4, RFP to Consultants for PE April 19, 2002 June 15, 2002 (environmental and right-of-way) 5. Obligation E & PE by CalTrans May 1, 2002 June 28, 2002 (Amendment to Master Agreement) 6. City Council approve Amendment to May 15, 2002 July 3, 2002 Master Agreement for E & PE 7. Complete Environmental May 30, 2002 November 27, 2002 S. Award Design Contract for PE June 5, 2002 December 4, 2002 9, Complete Design March 1, 2003 May 1, 2003 10. CalTrans authorize construction April 1, 2002 June 1, 2003 11 City Council award construction April 15, 2003 July 2003 12, Construction period (12 mos.) May 2003-April 2004 August 2003-July 2004 1� � MEMORANDUM OF UNDERSTANDING FOR BELARDO ROAD BRIDGE AND RELATED ROADWAYS BETWEEN AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE CITY OF PALM SPRINGS This Memorandum of Understanding (MOU) is entered into this day of 2002 by and between the AGUA CALIENTE BAND OF CAHUILLLA INDIANS acting through its Tribal Council (Tribe), a Federally-Recognized Tribe and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council (City), a Municipal Corporation. RECITALS 1. The Agua Caliente Band of Cahuilla Indians (Tribe) is a Federally-Recognized Indian Tribe governing Itself according to a Constitution and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation (Reservation). 2. The City of Palm Springs, California (City), is a charter city, possessing full powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State Law- 3- On May 18, 2001 the City and Tribe submitted a joint application to the Federal Highway Administration (FHWA)for Federal Public Lands Highway-Discretionary funds to construct the Belardo Bridge and related roadway improvements. A complete list of improvement work is contained in said application. 4. On or about December 15, 2001, President Bush signed the Transportation 131II which contained$3million for the Belardo Bridge and related roadway work project (Project). S. On February 8, 2002, City submitted 'Request for Authorization to Proceed with Preliminary Engineering" package to the State of California, Department of Transportation (CalTrans). NOW THEREFORE, the parties hereto enter into this Memorandum of Understanding (MOU) as follows: Section 1 - Goal The City and Tribe enter into this MOU to identify responsibilities and implement a process for the preliminary engineering, environmental, right-of-way and construction services for the Project. Section 2 - Process and Responsibility Outline City and Tribe understand that no work of any kind for Project may begin until written authorization is received from CalTrans. All work, including procurement of consultants, right-of-way procedures, design and construction procedures are to be in accordance with Federal rules and procedures as outlined in CalTrans Local Assistance Procedures Manual including adherence to Disadvantaged Business Enterprise policy as adopted by the City Responsibility of Tribe: • Preparation of RFP and contracting for all environmental services, required on the approved Preliminary Environmental Study Form. • Preparation of RFP and contracting for all right-of-way services Including asserting its best effort in obtaining all necessary rights-of-way for the City. Assisting City should condemnation process be required and approved by City due to Tribe's best efforts not being successful in obtaining all necessary rights-of-way. The right-of- way for the roadway from the east side of the Interpretive Center parking lot to Belardo Road shall not be dedicated to the City. • Completion of documents required for work noted above and submittal to City. Responsibility of City: Lead agency for coordination with CalTrans, including submittal of required documents and forms. • Preparation of RFP and contracting for engineering design services and construction engineering and inspection services. • Advertising and bidding project for construction. • Accepting rights-of-way offered by Tribe and other land owners. • Submittal of all completion documentation to CalTrans at project completion. _ Both parties understand and agree that payment for above services and staff time is by the party responsible for the specific service. City shall submit reimbursement requests to CalTrans for payments it has expended and, upon receipt of documentation from Tribe, for payments Tribe has expended. City shall reimburse Tribe within 15 days of receipt of the corresponding reimbursement from CalTrans. Both parties further agree that committees for selection of consultants will include representatives of City, Tribe and CalTrans and that final plans, specifications and environmental document shall be executed by staffs from both City and Tribe. Representatives from each party will also serve on the Project Development Team when said team is formed subsequent to City contracting for engineering design services, Section 3- General Terms and Conditions 1. Governing Law: Unless inconsistent with Federal Law,which shall be supreme,the laws of the State of California shall govern the interpretation and enforcement of this MOU. 2. Modifications: In the event the total dollars allocated are reduced from the$3million contained in the approved Transportation Bill, both parties must agree, by written instrument,to any proposed alteration,change or modification to this MOU. Absent any alteration, change or modifications, each party's unreimbursed monetary responsibility is limited to the "local contributions" as outlined in the Joint Application to FHWA. It is each party's responsibility to determine the reimbursement eligibility before expending funds for any task or service- 3- Approval:This MOU shall be approved by Resolutions of the Tribal Council and the City Council. 4. Termination: Either party may terminate this MOU, upon 30 days written notice to the other party, assuming responsibility for all costs incurred by said party until the date of termination. Termination of this MOU, unless replaced by a subsequent MOU or Agreement, shall halt the project unless one party agrees to assume all responsibility for said Project. f ' IN WITNESS WHEREOF the City and Tribe have executed this MOU as of the date first written above. Approved as to Form Tribal Attorney Approved as to Form City Attorney "TRIBE" Agua Caliente Band of Cahuilla Indians A Federally-Recognized Tribe Tribal Council Chairman ,,CITY, City of Palm Springs, California A Municipal Corporation ATTEST Mayor City Clerk Ir r � MINUTE ORDER NO. APPROVING THE MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE CITY OF PALM SPRINGS, OUTLINING THE RESPONSIBILITIES FOR THE DESIGN AND CONSTRUCTION OFTHE BELARDO ROAD BRIDGE AND ROADWAY IMPROVEMENTS. I HEREBY CERTIFY thatthis Minute Order, approving the Memorandum of Understanding (M.O.U.) between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs, outlining the responsibilities for the design and construction of the Belardo Road Bridge and Roadway improvements, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 29th day of May, 2002.. PATRICIA A. SANDERS City Clerk