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Home My WebLink About12/2/2009 - STAFF REPORTS 08-Riv-10-PM 32.6/33.6 Reconstruct Existing Interchange at I-IO/Indian Avenue EA 455701 District Agreement No. 8-1433 A/1 AMENDMENT NO. 1 TO AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT , ENTERED INTO EFFECTIVE ON , 2009, 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 1. 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. It has been decided that the PROJECT will now be using 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_ IT IS THERE,rORE' MUTUALLY AGREED: �CDG11lpY1�` t+,(1,�U1U�F 1. Under RECITALS of Agreement No, 8-1433, Article 4 is hereby amended in its entirety to read as follows: "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 Progrann/Regional Improvement Program (STIP/RIP) funding source in the amount of$13,656,000, Federal Demonstration Transportation Equity Act for the 2151 Century(DEMO TEA 21) funds in the amount of$1,260,000 and CITY's matching funds in the amount of$315,000; and Safe, Accountable, Flexible, Efficient, Transportation Act Equity- A legacy for Users (DEMO SAFETEA-LU) funds in the amount of$2,200,000 and CITY's matching funds in the amount of$550,000. The PROJECT cost estimate is $30,762,000 as shown on Exhibit A-1, attached hereto and made a part of this Agreement." 2. Under RECITALS of Agreement No. 8-1433, the following new Article 12 is hereby added to read as follows: "The CTC approved the allocation of Regional American Recovery and Reinvestment Act of 2009 (ARRA) funds for PROJECT at its April, 2009 meeting." 3. Under SECTION I of Agreement No. 8-1433, Articlel is hereby amended in its entirety to read as follows: "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 ARRA., DEMO and SAFETEA-LU with the balance to be funded using local agency funding sources, as shown in Exhibit A-1) required for satisfactory completion of PROJECT, including,but not limited to Construction Zone Enhancement Enforcement Program (COZEEP), "State- furnished material," 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." 4. Under SECTION I of Agreement No. 8-1433, the following new Articles 10, 11, 12, and 13 are hereby added to read as follows: 10. "Any funding received and used by CITY that is determined by subsequent state or federal audit to be unallowable under state or federal law, regulations or administrative procedures, are subject to repayment by CITY within ninety (90) days of demand or within such other period as agreed to by the parties. CITY agrees that STATE is hereby authorized to intercept and withhold any future payments due CITY from STATE or any third party source, including but not limited to the State Treasurer, the State Controller or the California Transportation Cotmnission." 11. "To submit continuous billing for reimbursement of a portion of the expenditures for PROJECT, to be paid out of Regional ARRA funds, up to the amounts shown against those funds in Exhibit A-1." 2 12. "Upon completion of the construction capital activities for PROJECT, to furnish STATE with a detailed statement of the total actual costs funded from Regional ARRA funding sources, which were reimbursed to CITY on a continuous basis." 13_ "Upon completion of the construction activities for PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the total actual costs required to complete the aforementioned services and funded from Regional ARRA funding sources, which were reimbursed to CITY on a continuous basis_ COUNTY thereafter shall refund to STATE, promptly after completion of CITY's final accounting of costs for the above mentioned work, any amount of STATE's deposits required in Section I of this Agreement." 5. Under SECTION III of Agreement No. 8-1433, the following new Articles 9 and 10 are hereby added to read as follows: 9. "To pay COUNTY not later than twenty-five (25) working days upon receipt of COUNTY's continuous billing therefor, for a portion of the actual construction capital expenditures, to be paid from Regional ARRA funds required for PROJECT." 10_ "The total PROJECT costs, to be paid from out of Regional ARRA funding sources, should not exceed the amounts shown in Exhibit A-I." 6. Under SECTION IV of Agreement No_ 8-1433, the following new Articles 29 and 30 are hereby added to read as follows: 29. "PROJECT is subject to the intent, terms, conditions, requirements, and constraints of the Regional American Recovery and Reinvestment Act of 2009 and as directed by STATE with regard to the Regional ARRA." 30. "The Parties agree to charge all PROJECT costs to Regional American Recovery and Reinvestment Act of 2009 (ARRA) funds prior to charging them to other non- Regional ARRA funds. All non-Regional ARRA funds will be spent proportionally." 7. The new Exhibit A-1, dated November- 18, 2009, replaces the original Exhibit A of Agreement No. 1433 and is hereby attached to and nmade a part of that Agreement and any reference to Exhibit A in the original agreement is deemed to be a reference to the Exhibit A-1. S. All other terns and conditions of said Agreement No. 8-1433 shall remain in full force and effect. 9. This Amendment No. 1 to Agreement is hereby deemmed to be a part of Agreement No. 8-1433. 3 STATE, OF CALIFORNIA CITY OF PALM SPRINGS DEPARTMENT OF TRANSPORTATION RANDELL H. IWASAKI By: Director of Transportation 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: DOUGLASHOLLAND 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 4 Date: 11/18/2009 BXIIIBIT "A-111 COST ESTIMATE Local Program Local Pro ram Pund5 Folds Local Program Funds Stare Funds Other Funds Administrttccl Phases of Federal% 80 Match%,20 Federal%' 100 Fedeml%: 80 March%' 20 100% 100% Walk Fund Typo; DE Type:MO Fund Type: Stimulus DEMO Fund Type' Fund Type. FLmd Type. Fund Type; •TEA21 Local Regional SAFF'f'EA-LU Local STIP/RR' Local ARRA Totals SUPPORT Phase PA&ED 0 $0.00 PS&E 1 $0 00 R/W Support .2 y;U,00 Construction S3,000,000.00 S3,000,000.00 Support 3 CAN r.AL Phase R/W Capital 9 $0.00 Construction capital 1 4 $1,260,000,00 S315,000.00 $5,517,$00 00 $2,200,000 00 S550,000 00 S12,656,00000 $4,263,500.00 S27,762,000.00 TOTALS $I?60,000.11U $31a,(100.00 35,517,5U0.00 $ ?,200,000.1111 b55U,0UI1.U0 S13,656,000.00 57,263,500.00 $30.762,000.00 5