HomeMy WebLinkAboutA4394 - CVAG TUMF REIMBURSEMENT INDIAN AVE AMENDMENT NUMBER FIVE
TO THE REIMBURSEMENT AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND CVAG
PROJECT TO IMPROVE INDIAN CANYON DRIVE FROM GARNET ROAD TO, AND
INCLUDING, THE UPRR RAILROAD CROSSING
THIS AMENDMENT.NUMBER FIVE, effective this 3rd day of December, 2018, by and
between the City of Palm Springs (lead Agency) and the Coachella Valley Association of
Governments, a California joint powers agency, (CVAG); and is made with reference to the
following background and circumstances. All other provisions in the existing Reimbursement
Agreement for the Project to Improve Indian Avenue from Garnet Road to, and including the
UPRR Railroad Crossing, as well as Amendment Number One, Amendment Number Two and
Amendment Number Three thereto, shall remain in full force and effect.
This Amendment Number Five shall provide an increase of Four Years added to the Time
Trigger Period established in Amendment Number Four, such that construction must begin
on the Project to Improve Indian Avenue from Garnet Road to, and including the UPRR Railroad
Crossing before the NEW TIME TRIGGER DATE OF SEPTEMBER 26, 2022.
This Amendment Number Five shall provide that the CVAG Regional Share of the Project
costs will increase by$3,750,000 to a not to exceed total Regional Share of$7,500,000.
Previously Obligated and Authorized for Expenditure:
Original Agreement $1,546,875 design
Amendment#1 $ 28,300 design
Amendment#2 $ 50,100 design
Amendment#3 $3,750,000 not-to-exceed total
Amendment#4 $3,750,000 (unchanged)
Amendment#5 $7,500,000 not to exceed total
Total CVAG Commitment $7,500,000
(Signatures on following page)
ANDi�UAGREEMENT
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
The parties hereto have caused this Amendment Number Two to be executed by their duly
authorized representatives on the above-referenced date.
ATTEST: AGENCY:
CITY OF PALM SPRINGS
By: By. �i
A thony J. Mejia; David H. Ready
City Clerk City Manager
APPROVED AS TO FORM
CVAG
lW ATTO EY
By: BY
Tom Kirk Michael H. Wilson
Executive Director CVAG Chair
APPROVED BY CITY COUNCIL
AMENDMENT NUMBER FOUR
TO THE REIMBURSEMENT AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND CVAG
PROJECT TO IMPROVE INDIAN CANYON DRIVE FROM GARNET ROAD TO, AND
INCLUDING, THE UPRR RAILROAD CROSSING
THIS AMENDMENT NUMBER FOUR, effective this 26'h day of September, 2016, by and
between the City of Palm Springs (lead Agency) and the Coachella Valley Association of
Governments, a California joint powers agency, (CVAG), and is made with reference to the
following background and circumstances. All other provisions in the existing Reimbursement
Agreement for the Project to Improve Indian Avenue from Garnet Road to, and including the
UPRR Railroad Crossing, as well as Amendment Number One, Amendment Number Two and
Amendment Number Three thereto, shall remain in full force and effect.
This Amendment Number Four shall provide an increase of Three Years added to the Time
Trigger Period established in Amendment Number Three, such that construction must begin
on the Project to Improve Indian Avenue from Garnet Road to, andincluding the UPRR Railroad
Crossing before the NEW TIME TRIGGER DATE OF SEPTEMBER 26, 2018.
This Amendment Number Four shall provide that the CVAG Regional Share of the Project
costs will remain unchanged at$5,375,275.
Previously Obligated and Authorized for Expenditure:
Original Agreement $1,546,875
Amendment #1 $ 28,300
Amendment#2 $ 50,100
Amendment#3 3.7
Total CVAG Commitment $5,375,275
(Signatures on following page)
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
The parties hereto have caused this Amendment Number Two to be executed by their duly
authorized representatives on the above-referenced date.
APPROVED BY CITY COUNCIL
ATTEST: AGENCY: \u \ \` \ MI- A
CITY OF PALM SPRINGS
By� _ » B .
C"CXwX �mrUuvaa
CVAG
By: By: W
Tom it ana Reed
Exec ve Director CVAG Chair
APP AS TO F M
WA
F Y ATTORNEY
QATE �/. /7•��r6
AMENDMENT NUMBER THREE
to the
REIMBURSEMENT AGREEMENT
with the
CITY OF PALM SPRINGS
for the
PROJECT TO IMPROVE INDIAN AVENUE FROM GARNET ROAD TO, AND INCLUDING,
THE UPRR RAILROAD CROSSING
THIS AMENDMENT NUMBER THREE, effective this 26N day of September, 2011, by
and between the City of Palm Springs (Agency), and the Coachella Valley Association of
Governments, a California joint powers agency, (CVAG), and is made in reference to the
following:
At their June 2001 meeting the Executive Committee approved the Reimbursement
Agreement with the City of Palm Springs for the Project to Improve Indian Avenue from
Garnet Road to, and including, the UPRR Railroad Crossing. At the time, the estimated cost
for the design engineering phase of the project was $1,546,875. As Indian Avenue is a qualified
regional arterial roadway the project was approved for the then standard 50% funding from
CVAG regional funds.
In April 2003 the Executive Committee approved Amendment Number One to the
project, and in February 2007 approved Amendment Number Two to the Reimbursement
Agreement. Bo th amendments provided additional funds to implement the Reimbursement
Agreement.
The City of Palm Springs is now requesting Amendment Number Three to the
Reimbursement Agreement. The primary need for this amendment is to comply with changed
requirements adopted by the UPRR for any structures overcrossing their rail line.
In addition, and as part of Amendment Number Three, the City of Palm Springs requests
that CVAG increase the Regional Share of qualified project costs from 50% to 75%. CVAG has
typically honored this type request from other jurisdictions as their projects have proceeded
through the amendment process.
The revised cost estimate to complete this bridge project is approximately $21.5 Million.
The City of Palm Springs indicates it has successfully obtained funding of approximately $16.5
Million, leaving a remainder of approximately $5.0 Million. Applying the now standard 75%
Regional Funds/ 25% Local Funds cost sharing formula, the CVAG share of the remainder
costs will be $3,750,000, and the Palm Springs share will be $1,250,000.
This Amendment Number Three to the Reimbursement Agreement with the City of
Palm Springs for the Project to Improve Indian Avenue from Garnet Road to, and
including, the UPRR Railroad Crossing shall:
Approve and Authorize CVAG Regional Funds for the Project to Improve Indian
Avenue from Garnet Road to, and including, the UPRR Railroad Crossing in the amount
not to exceed $3,750,000, and;
Increase the Regional Share of qualified project costs from 50% to 75% for this
portion of the Project to Improve Indian Avenue from Garnet Road to, and including, the
UPRR Railroad Crossing, and,
Establish a "Time Trigger" which will require that construction of the Project to
Improve Indian Avenue from Garnet Road to, and including, the UPRR Railroad Crossing
must begin within Four Years of the date of execution of Amendment Number Three to
the Reimbursement Agreement with the City of Palm Springs, and;
Require that failure by Agency to comply with the conditions of the "Time Trigger"
described above will require repayment of any regional funds advanced for the Project to
Improve Indian Avenue from Garnet Road to, and including, the UPRR Railroad Crossing.
Repayment schedules are subject to negotiation and approval by the CVAG Executive
Committee, and;
Establish that CVAG may decline, or delay, to provide regional funds for the
Project to Improve Indian Avenue from Garnet Road to, and including, the UPRR Railroad
Crossing should it be determined that such action is necessary to maintain a minimum
balance of regional funds.
All other conditions of the approved Reimbursement Agreement for the Project to
Improve Indian Avenue from Garnet Road to, and including, the UPRR Railroad Crossing, as
well as Amendment Number One and Amendment Number Two thereto, shall remain in full
force and effect.
The parties hereto have caused this Amendment Number Three to the
Reimbursement Agreement with the City of Palm Springs for the Project to Improve
Indian Avenue from Garnet Road to, and including, the UPRR Railroad Crossing to be
executed by their duly authorized representatives on the above-referenced date.
AP70V AS TO F M
Jam„ APPROVED BY CITY COUNCIL
ATTEST: ity Attorney AGENCY: 10Aa a�=
Odle
CITY OF PALM SPRINGS
By. B i
e*d*waw CITY CLERK ER
CV G
By: By:
T Kirk oh4Cair
oit
E ecuf a Director VA
Memo to File
Date: October27, 2011
From: Douglas Holland, City Atto e� y v'
Re: Agreement File No. 4394/ CVAG
I have reviewed Amendment No. 3 to the Reimbursement Agreement between
the City and CVAG for partial funding of Indian Avenue improvement project
between Garnet Road and UPRR Railroad Crossing. Pursuant to the terms of
this Amendment, CVAG is agreeing to increase its contribution from 50% to 75%
of the $5 Mil unfunded cost of the project.
This amendment has added additional conditions or"strings" that were not
included in the initial agreement or any previous amendment. One condition is a
'lime trigger' concept that essentially provides that the project must commence
within 4 years. If the City fails to commence construction within this time period,
CVAG's obligation to contribute will cease and the City will be obligated to repay
any CVAG funds that have been paid to the City. This condition is clear and
unambiguous; please make sure that this "time trigger" is noted on the project
schedule and take all steps necessary to commence construction within this new
time constraint.
The other new condition or"string" is not clear and is ambiguous. This condition
provides that "CVAG may decline, or delay, to provide regional funds for the
Project to Improve Indian Avenue . . . should it be determined that such action is
necessary to maintain a minimum balance of regional funds." I have discussed
this condition with David Barakain who advised me that this is a new condition
that CVAG has been routinely adding to all of its new agreements, and
amendments to agreements, for the last few months. It has not been negotiated
with the member cities and there has been little if any opportunity to discuss this
condition with CVAG. Under this provision, CVAG can unilaterally"decline" to
fund a project notwithstanding any agreement it may have. It is not clear who
makes the determination that CVAG's action to decline or delay payment is
necessary. It is also not clear what the minimum balance would be or what
standards will be applied to establish such minimum standards. There are no
provisions to provide any discussion with the City before such determinations are
made. And, when coupled with the lime trigger" concept, conceivably CVAG
could delay a project beyond the time trigger date, triggering cessation of its
obligations under an agreement or amendment and compel the city to reimburse
CVAG for any funds the city may have previously received.
At a bare minimum, the concept of creating a process that would allow CVAG to
"decline" payments should be eliminated. Delaying payments may be
appropriate if CVAG is under financial duress, but total avoidance of obligations
should not be encouraged. In addition, in the event of a delay, the time trigger
should be extended for the period of the delay.
David Barakian has also advised me that he does not intend to enter into any
construction contracts until the CVAG funding has been fully committed. 1
strongly concur with this proposed practice. The should not enter into any
construction agreements with any contractor until all funding is fully secured,
including any CVAG payments. The City should either receive the full amount of
the funds, or received full assurances that payments will be made in atimely
manner and that the ability of CVAG to invoke the "decline or delay' provisions
have been irrevocably waived before the City enters into any agreement for
which the City expects CVAG contribution.
I have approved this agreement as to form with the understanding that the City
will implement the practice outlined in the above paragraph. I would urge the
City to approach CVAG and attempt to negotiate an revision to the language to
delete the concept of"decline" and include a tolling of the time trigger whenever
CVAG exercises its "delay' option.
CITY OF PALM SPRINGS - CVAG REIMBURSEMENT AGREEMENT
"INDIAN AVENUE FROM GARNET (SOUTH OF I-10) TO AND
INCLUDING RAILROAD CROSSING BRIDGE"
AMENDMENT NUMBER TWO/ADDITIONAL DESIGN ENGINEERING FUNDS
THIS AMENDMENT NUMBER TWO is made and entered unto this,,5 day of &.4
2007,by and between the Coachella Valley Association of Governments,a California j oint powers
agency,("CVAG"),and the City of Palm Springs ("Agency"), and is made with reference to the
.following background facts and circumstances:
This amendment obligates and authorizes for expenditure,fiords not previ ously authorized under
the terms ofthe existing reimbursement agreement for the"Indian Avenue from Garnet(South of I-10)to
and Including Railroad Crossing Bridge"("the Project"),dated September 5,2001 or Amendment Number
One, dated May 21, 2003- All other provisions are considered in force.
This amendment number two shall authorize additional design engineering funds in the amount not
to exceed S50,100. Agency is requesting additional funds for the design consultant who encountered an
extensive schedule impact. The prolonged schedule was due to several factors related to changes in
Caltrans'requirements for Environmental Documents(such as format changing,additional analysis),
Caltrans personnel changes, and to the Caltrans review process.
Summary.
'Previously obligated and authorized for expenditure (Original Agreement) S 1,546,875
Previously obligated and authorized for expenditure (Amendment#1) S 28,300
New obligations under this Amendment 42 $ 50.100
Total amount, after Amendment#2 obligated and authorized for expenditure $ 1,625,275
?mil N TO:
C17Y OF P.4LP:l SPRINGS
BOX 27-3
PALM::PlaiX 5,CA 92.2S3
CVAG-City of Palm Springs/Indian Ave(Garnet to RR Crossing)Amendment Nwnber Two- January 2007 Page 1
IN WITNESS WIII;REOF,the parties hereto have causedthis amendmentnumbertwo agreementio
be executed by their duly authorized representatives on this date:
ATTPST: CITY OF PALM SPRINGS
By:
City Clerk City Manager
CVAG
By: By:
7 ohlmuih
xecutive Director Chairman
rUNC
APPROVED BY CITY C -
'Mn
71,
C ty i`ttorrey
r
pare '_ G G
,^—�fLISN TO:
CITY Or PALM SPRINCS
r�07C 27,13
PALM SPRIraGS,CA 92263
CVAG-City of Palm Springs/Indian Avc(Gamet to RR Crossm8)Amendment Number Two- January 2007 Page 2
C;"a i4 PtiiS"d'tia
CVAG
Reimbursement Agreement
.,Ant r, 10, ,: AGREEMENT #4394 Amend 1
M07298, 5-21-03-
CITY OF PALM SPRINGS - CVAG REIMBURSEMENT AGREEMENT
"INDIAN AVENUE FROM GARNET (SOUTH OF I-10) TO AND
INCLUDING RAILROAD CROSSING BRIDGE"
AMENDMENT NUMBER ONE/ADDITIONAL DESIGN ENGINEERING FUNDS
;,-
THIS AMENDMENT NUMBER ONE is made and entered into this',)eday off
2003,by and between the Coachella Valley Association of Governments,a California joint powers
agency,("CVAG"),and the City of Palm Springs("Agency"),and is made with reference to the
following background facts and circumstances:
This amendment obligates and authorizes for expenditure,foods not previously authorized under
the terms ofthe existing reimbursement agreement for the"Indian Avenue from Garnet(South ofI-10)to
and Including Railroad Crossing Bridge"("the Project"),dated September 5,2001. All other provisions
are considered in force.
This amendment number one shall authorize additional design engineering funds in the amount not
to exceed$28,300. Agency is requesting additional funds for the Design Consultant due to a change in
the scope of work and the revisions required by Caltrans and FHWA.
Summary:
Previously obligated and authorized for expenditure (Original Agreement) $ 1,546,875
New obligations under this Amendment 41 $ 28,300
Total amount, after Amendment#1 obligated and authorized for expenditure $ 1,575,175
t sZ11G 1f,'J, p.; 13
i-'.ufP7i�.A��n
CVAG-City or Palm Springs/Indian Avenue from Gamet to RR Crossing Design Engineering&Construction April 2003 Page I
a .
4
IN WITNESS WHEREOF,the parties hereto have caused this amendment number four agreement to
be executed by their duly authorized representatives on this date:
ATTEST: CITY OF PALM SPRINGS
By By:
City Clerk (O/z/Q3 City Manager
j )CVAG
Fecutive
Wohlmuth Director Chairman
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cvaG
Reimbursement Agreement
( _iiI`'f _.!r G' ,§:,BFi•=� AGREEMENT #4394
M06916, 9-5-01
CITY OF PALM SPRINGS - CVAG REIMBURSEMEN_n._.,,,_�, —
"INDIAN AVENUE FROM GARNET (SOUTH OF I-10) TO AND
INCLUDING RAILROAD CROSSING BRIDGE''
DESIGN ENGINEERING AND CONSTRUCTION
THIS AGREEMENT is made and entered into this 911- day of 12001,by and
between the Coachella Valley Association of Governments, a California joint powers agency,
(''CVAG''), and the City of Palm Springs ("Agency"), and is made with reference to the
following background facts and circumstances:
RECITALS
Whereas,the"Coachella Valley Area Transportation Study",avalley-wide study prepared under
the auspices of CVAG,has identified various transportation and highway projects throughout the
Coachella Valley to be projects of regional importance; and
Whereas, approval of a highway financing measure ("Measure `A"')by the voters of Riverside
County in November of 1988 has created a source of funds with which to construct such projects;
and
Whereas, CVAG by agreement with its member agencies and with the Riverside County
Transportation Commission("RCTC"),has been designated as the agency throughwhich such funds
are to be conveyed and disbursed for the purpose of completing said regional transportation projects;
and
Whereas, historically CVAG has administered funds by advancing, or reimbursing after
expenditure, some portion of the cost associated with qualifying projects. There now exists a
compelling need to fund and construct various eligible projects notwithstanding that some or all of
CVAG's member jurisdictions do not now have adequate funding in place.
Whereas, CVAG also expects to receive monies pursuant to the State Transportation
Improvement Program which may be used to fund twenty-five percent of eligible project cost(the
"STIP-Quarter").
Whereas,Indian Avenue from Garnet(South of I-10)to and Including Railroad Crossing Bridge
is qualified to receive 50% from CVAG TUMF/Measure"A" resources, 50% local Agency Share.
Whereas, Agency will be responsible for following the SB-45 requirements and the Caltrans
Procedures Manual that describes the processes,procedures, documents,authorizations, approvals
and certifications which are required in order to receive Federal-aid and/or State funds for this
project.
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 1
Whereas,this agreement shall provide funds from CVAG(50%share) for the Project generally
described as and consisting of the following: "Indian Avenue from Garnet(South of I-10)to and
Including Railroad Crossing Bridge". These services will hereinafter be referred to as the
"Project". This Project will provide the Design Engineering and Construction for Railroad
Crossing Bridge on Indian Avenue project.
Whereas,Agency desires to proceed with the Project"Design Engineering and Construction for
Indian Avenue from Garnet (South of I-10) to and Including Railroad Crossing Bridge. The
estimated cost of the widening of Indian Avenue from Garnet to the railroad including the Rail Road
Bridge is$3,093,750 ($650,000 for the Indian Avenue widening and$2,443,750 for the RR Bridge).
Agency has $177,060 STIP Funds for the widening from Garnet to the railroad and$1,955,000
in HBRR Fimds for the railroad bridge. CVAG shall provide the difference between the project cost
and the Agency's contribution,up to 50%of the project costs.
Whereas,it is the intent of Agency and CVAG that this agreement will be amended, for the bid
process,and construction phases,to include a scope ofwork,cost estimate and ifnecessary,schedule
modifications, for each respective phase.
Whereas, Agency agrees to submit only those costs which are eligible under CVAG's policies
as outlined in the, "Cost Determination/Expense Eligibility" of CVAG's Policies and Procedures
Manual.
Real property purchased to secure the necessary Right of Way shall be acquired in the name of
the Lead Agency, depending upon the jurisdiction in which the property is located. Any property
in excess of that required for Project Right of Way shall be promptly disposed of by the respective
jurisdiction in the best interests of the Regional Arterial Program. If in any case a dispute exists
between CVAG and the respective jurisdiction as to what property or the extent thereof is excess of
that required for Project Right of Way,the sole determination of CVAG's Executive Committee shall
control and the jurisdiction shall promptly dispose of that property designated by CVAG as excess.
Any funds realized from the sale of excess property shall be returned to CVAG. CVAG shall have
the right to approve the sale price of excess property. Language to effectuate these provisions shall
be placed in the grant deed of each parcel conveyed to or acquired by the respective jurisdiction.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions
contained herein, the parties do agree as follows:
1. The program embodied in this Agreement for the reimbursement of funds by CVAG shall
apply only to those Regional Arterial Projects that have heretofore been identified in CVAG's 1999
updated list of Regional Arterial Projects. The Project is one of those identified projects and is
therefore eligible.
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 2
2. The Project is generally described as and consists of the following: "Design Engineering
and Construction for Indian Avenue from Garnet(South of I-10) to and Including Railroad
Crossing Bridge". These services will hereinafter be referred to as the "Project".
3. The scope of work of the Project is more particularly described in Exhibit"A", entitled
"Scope of Services" -"Indian Avenue from Garnet(South of I-10)to and Including Railroad
Crossing Bridge" attached hereto and made a part hereof. The cost estimate for the Project is
more particularly described in Exhibit"B" - "Estimate of Cost", attached hereto and made a part
hereof. The cost estimates include a calculation intended to allow Agency to recover an amount
representing the time of its employed staff in working on the Project as well as amount Agency shall
pay to outside contractors in connection with the Project. The amount of the agency's respective
portions of the project costs shall be calculated by reference to the cost estimates as shown on
Exhibit "B" unless amended pursuant to the provisions of Paragraph 5. Exhibit "C" is the
"Project Schedule".
4. It is the agreement between CVAG and Agency that the total cost of the Project shall not
exceed$3,093,750. In the event that the project is bid and the lowest bid comes in excess of that
figure,the agency shall have the right to reject all bids and not go forward with the project. In the
event Agency determines not to proceed with the project, any funds contributed to the project by
CVAG may be withdrawn by the CVAG Executive Committee in order to be re-allocated to any
other eligible CVAG projects. In the event the bids come in under that estimated amount, it is
understood and agreed that the Agency has$B 7,060 in STIP Funds and$1,955,000 in HBRR Funds
which will be applied for their 50%Agency Share and CVAG would provide the remaining 50%
share. Credit for any excess local grant funds from the Indian Avenue railroad crossing bridge
toward any responsibility for local match costs for construction of the Indian Avenue interchange
on Interstate 10.
4.1 It is intended that,in order to expedite this Project,CVAG will advance funds for this
Project, up to the amounts approved by CVAG's Executive Committee. If the Project is not
completed within a reasonable time, as approved by CVAG's Executive Committee, or if all work
on the Project has stopped or is not proceeding in a diligent manner, and Agency agrees to repay
CVAG their respective jurisdictional shares, up to the amount advanced by CVAG.
4.2 Funds advanced by CVAG for this Project shall be used to pay all services related
to the Design, Environmental Documents and Construction of the Project.
4.3 Payments to Agency shall be made upon presentation to CVAG of statements from
Agency, certifying by Project its costs, and enclosing therewith copies of contractor's invoices,
evidence of payment,and such other information and records as may be required by CVAG to verify
costs, provided however, that such payments shall be made to Agency no more frequently than
monthly.
4.4 Eligible costs are defined as those outlined in Section IV, "Cost
Determination/Expense Eligibility" of CVAG's Policies and Procedures Manual (Attachment 1).
CVAG-City of Palm Springs/Indian Avenue from Gamet to railroad Crossing Design Engineering&Construction June 2001 Page 3
4.5 Prior to initiation of on-site construction, Agency agrees to provide at least one
"Project Sign" to be placed in a safe and visible location near the site of construction so that all
travelers passing the location have the opportunity to observe who the agencies are that are providing
funds for the construction of the project. Exhibit "D" - "Project Sign", provides a guide for
Project Sign format.
5. The parties agree that should unforeseen circumstances arise which result in new work
not covered in Exhibit"A" or an increase of any costs over those shown in Exhibit "B",that both
parties will contribute their respective share(50% CVAG; 50%Agency)to such increase costs up
until the not to exceed amount of$3,093,750 for the overall project. Further, any costs which go
beyond that amount which are necessary in order to complete the project, the parties further agree
to share in such costs under the 50150 percentage arrangement. In either of the above mentioned
circumstances, the scope of work would be amended to reflect the additional work. This contract
may be amended or modified only by mutual written agreement of the parties. No alteration or
variation of the terms of this contract will be valid unless made in writing and signed by the parties
hereto and no oral understanding or agreement not incorporated herein, will be binding on any of
the parties hereto.
6. Agency agrees to keep all Project contracts and records for a period of not less than three
years from the date a notice of completion is filed by the Agency on such Project,or if the Project
is not one as to which a notice of completion would normally be recorded, for three years from the
date of completion. Agency further agrees that all such files and records will be made available to
CVAG upon its reasonable request.
7. It is the intent of the Agency and CVAG that the Project be represented as being funded
by Measure "A"/TUMF funds. All project public notices, news releases, and documents should
indicate the Project is being cooperatively developed by the Agency, ROTC, and CVAG using
Measure "A"/TUMF funds.
8. This agreement is for funding purposes only and nothing herein shall be construed
so as to make CVAG a party to the construction or ownership of the Project or to make it a
partner or joint venturer with Agency as to the Project.
9. The City of Palm Springs shall assume the defense of,indemnify and hold harmless
CVAG and their respective officers and employees,and each and every one of them,from and
against all actions, damages, claims, losses and expenses of every type and description to
which they may be subjected or put,by reason of, or resulting from,the actions or inactions
of the City of Palm Springs taken in the performance of the Agreement or any agreement
entered into by City of Palm Springs with reference to this Project.
9.1 CVAG shall assume the defense of, indemnify and hold harmless the City of
Palm Springs and their respective officers,employees,and agents,and each of them,from and
against all actions, damages, claims, losses, and expenses of every type and descriptions to
which they may be subjected or put, by reason of, or resulting from, the actions of CVAG
taken in the performance of the Agreement or any agreement entered into by CVAG with
reference to this Project.
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 4
10. Agency agrees to include in its contract specifications and bid documents a requirement
that all prime contractors shall name CVAG and Agency as "additional insureds" on all liability
insurance coverage required by Agency on each contract. Agency will provide a copy of the
Insurance Certificate to CVAG,showing CVAG and Agency,as "additional insureds" ,within
30 days of signing a contract with the prime contractor.
11.Any dispute concerning a question of fact arising under this contract that is not disposed
of by agreement shall first be decided by the CVAG Executive Director or designee, who may
consider written or verbal evidence submitted by Agency. This decision shall be issued in writing.
However, no action in accordance with this Section shall in any way limit either party's rights and
remedies through actions in a Court of Law with appropriate jurisdiction. Neither the pendency of
dispute nor its consideration by CVAG will excuse Agency from full and timely performance in
accordance with the terms of this contract.
12. Any Agency receiving federal funds must have an approved Disadvantaaed Business
Enterprise program. All recipients of Federal Highway Administration(FHWA)funds must carry
out the provisions of Part 26,title 49 of the Code of Federal Regulations(CFR)which established
the Federal Department of Transportation's policy supporting the fullest possible participation of
firms owned and controlled by minorities and women in the Department of Transportation programs.
13. All notices or other communications required or permitted hereunder shall be in writing
and shall be either personally delivered (w rich shall include delivery by means of professional
overnight courier service which confirms receipt in writing(such as Federal Express or UPS)),sent
by telecopier or telefacsimile("FAX")machine capable of confirming transmission and receipt,or
sent by certified or registered mail,return receipt requested,postage prepaid to the following parties
at the following addresses or numbers:
If to Agency: City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263-2743
Attn: City Manager
Telephone: (760) 323-8299
FAX No.: (760) 323-8207
If to CVAG: CVAG
73-710 Fred Waring Drive
Palm Desert, CA 92260
Attn: Associate Director/Transportation
Telephone: (760) 346-1127
FAX No.: (760) 340-5949
Notices sent in accordance with this paragraph shall be deemed delivered upon the next business
day following the: (i)date of delivery as indicated on the written confirmation of delivery(if sent
by overnight courier service);(ii)the date of actual receipt(if personally delivered by other means);
(iii) date of transmission (if sent by telecopier or facsimile machine), or; (iv) the date of delivery
as indicated on the return receipt if sent by certified or registered mail, return receipt requested.
Notice of change of address shall be given by written notice in the manner detailed in this paragraph.
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 5
15. If any term, provision, condition, or covenant of this Agreement, or the application
thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the
remainder of the instrument, or the application of such term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable,
shall not be affected thereby and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
16. In the event either party hereto brings an action or proceeding for a declaration of the
rights of the parties, for injunctive relief, for an alleged breach or default, or any other actions
arising out of this agreement, or the transactions contemplated hereby, the prevailing party in any
such action shall be entitled to an award of actual attorneys'fees and costs incurred in such action
or proceeding,without regard to any rule of court or schedule of such fees maintained by the court,
in addition to any other damages or relief awarded, regardless of whether such action proceeds to
final judgment.
17. This Agreement may be executed in one or more counterparts and when a counterpart
shall have been signed by each party hereto, each shall be deemed an original, but all of which
constitute one and the same instrument.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their
duly authorized representatives on this date:
ATTEST: CITY OF PALM SPRINGS
By:
City Clerk City Manager
Approved as to Form
VJ 01 —
Ci orney
CVAG �1
By: By: �U
Patricia A. Larson,v CV G hair
Executive Director
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 6
EXHIBIT A
SCOPE OF SERVICES
"INDIAN AVENUE FROM GARNET (SOUTH OF 1-10) TO AND
INCLUDING RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
Provide all technical and professional services including labor,material,equipment,transportation,_
supervision, administration, review and expertise to prepare and process an Environmental
Document, Project Report, Right-of-way engineering documents and Plans, Specifications, &
Estimates for the project.
Environmental:
Environmental services shall include the following:Preparation of technical studies,reports and all
other documents necessary to obtain environmental clearance for this project. Processing of all
environmental documents for approval.
The Environmental Document will meet the requirement of CEQA and NEPA.
Widen bridge to six lanes
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 8
EXHIBIT B
ESTIMATE OF COST
"INDIAN AVENUE FROM GARNET (SOUTH OF I-10) TO AND
INCLUDING RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
Indian Avenue from Garnet to Railroad:
CVAG Share $ 325,000 Not to exceed (50% project cost) $325,000
Local Share $ 147,940 will be deducted from the City of Palm Springs
Excess Local Share
Local Share (STIP Funds) $ 177.060
Total Project Cost $ 650,000
Railroad (RR) Bride:
CVAG Share $ 488,750 Not to exceed (50% project cost) $1,221,875
Local Share (HBRR Funds) $ 1.955.000
Total Project Cost $2,443,750
Local Share required for the Indian Ave. widening is $147,940
Excess Local Share from the RR portion is $733,125
Remaining Excess in Local Share is $585,185 to be credited for local match costs for the
construction of the Indian I-10 Interchange Project
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 9
EXHIBIT "C"
PROJECT SCHEDULE
"INDIAN AVENUE FROM GARNET (SOUTH OF I-10) TO AND
INCLUDING RAILROAD CROSSING BRIDGE"
DESIGN ENGINEERING AND CONSTRUCTION
— Design Completion May 2002
— Construction Completion June 2003
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 10
w
EXHIBIT "D"
"PROJECT SIGN"
"INDIAN AVENUE FROM GARNET (SOUTH OF I-10) TO AND
INCLUDING RAILROAD CROSSING BRIDGE"
The Project Sign shall consist of the following information:
YOUR TAX DOLLARS
AT WORK
"PROJECT NAME"
FUNDED BY:
— RIVERSIDE COUNT i TRANSPORTATION CONMSSION/
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
— Lead Agency
TOTAL $ x,xxx,xxx
Other information, such as the City Logos and/or Measure "A" Funds Logo, is encouraged.
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CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 11
ATTACHMENT 1
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
REGIONAL ARTERIAL PROGRAM
PROJECT COST DETERMINATION
AND
EXPENSE ELIGIBILITY
CVAG-City of Palm Springs/Indian Avenue from Garnet to railroad Crossing Design Engineering&Construction June 2001 Page 12
PROJECT COST DETERMINATION
AND
EXPENSE ELIGIBILITY
TABLE OF CONTENTS
SECTION DESCRIPTION
1.0 INTRODUCTION
2.0 COST ESTIMATE DEFINITIONS
3.0 PROJECT IDENTIFICATION
4.0 RIGHT-OF-WAY ACQUISITION
5.0 PROJECT LIMITS
6.0 PROJECT FUNDING SOURCES
7.0 PROJECT SCOPE OF WORK
8.0 PROJECT DESIGN (CIVIL)
9.0 PROJECT DESIGN(LANDSCAPING)
10.0 PROJECT CONSTRUCTION FUNDING
11.0 PROJECT CONSTRUCTION SURVEY
12.0 PROJECT CONSTRUCTION MANAGEMENT
13.0 PROJECT OVERSIGHT -AGENCY TIME
14.0 PROJECT CONTINGENCY FUNDS
15.0 REFERENCE DOCUMENTS
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1.0 INTRODUCTION
This section of the procedures manual outlines the process which shall be followed in determining
project costs and project expense eligibility which has been approved to be constructed as part of the
Coachella Valley Regional Transportation Program.
This section was developed by the Coachella Valley Association of Governments (CVAG)
Transportation Technical Advisory Sub-Committee (TTAS). The primary purpose of this section
is to provide a guideline for agencies to make application for a project for both Measure A and
Transportation Uniform Mitigation Fee (TUMF) funding.
The project development process starts with an agency-initiated study after a highway improvement
need has been identified.
The estimates for projects identified as part of the Regional Transportation Plan are addressed in the
Regional Arterial Cost Estimate(RACE), dated June, 1999 and shall be updated biannually as part
of the TUMF review process.
2.0 COST ESTIMATE DEFINITIONS
• Construction An updated cost estimate for the costs to build the improvement per
the approved plans and specifications.
• Engineering Engineering costs will usually be estimated on the basis of a
percentage of the estimated construction costs.
• Right-of-Way Expenditures for right-of-way are to be prepared with an accuracy
comparable to standards in the industry. Overhead charges need not
be included.
• Scheduling Indicate status of project,giving a tentative schedule for engineering,
right-of-way acquisition and construction. Discuss project phasing,
if planned.
3.0 PROJECT IDENTIFICATION
Any project which is to be submitted for review and funding shall meet or provide all of the
following:
• The proposed project shall appear on the approved June 1999 Transportation Project
Prioritization Study updated list of projects.
• The project shall be clearly identified showing, as a minimum, the limits of the project, scope
of work, anticipated start and completion dates, estimated project cost and funding sources.
• A general statement of the project. Why it is needed, etc.
• A preliminary design estimate for all design services.
• A preliminary construction cost estimate, to be updated once design is completed.
• A preliminary construction management and Agency project management cost estimate.
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4.0 RIGHT-OF-WAY ACQUISITION AND OTHER ASSOCIATED COSTS
All right-of-way acquisition and other associated costs, including appraisals and any other costs
allowed by state and federal law, are eligible for regional funding.
The agency will further submit a detailed list of costs associated with the right-of-way acquisition
to CVAG for review and comment. CVAG will assess each cost and determine its eligibility for
regional funding. All protests shall be sent to the Transportation Technical Advisory Sub-
Committee for further review. All protests must be in writing and the grounds for protest clearly
identified.
Where the likelihood of extensive right-of-way acquisition exists or the need for extensive relocation
of homes and businesses,or in the case of new roadway extensions or openings or other extenuating
physically or economical restraints so warrant,preliminary engineering,alignment and traffic studies
shall be eligible for reimbursement or funding from regional funds.
Any excess property purchased to secure the necessary right-of-way will be deemed to belong to the
Regional Arterial Program. Excess property will be disposed of in the best interests of the Regional
Arterial Program, in order to recapture funds expended. Any recaptured funds will reduce the
overall cost of the project.
5.0 PROJECT LIMITS
The Lead Agency submitting a proposed project for review and funding shall clearly identify the
project limits. The limits of the project shall be defined as the beginning and the end of the
construction. If more than one beginning and/or ending is necessary, clearly indicate that on the
statement of the project limits.
A vicinity map shall be included with the project submittal package identifying where the project
is located.
6.0 PROJECT FUNDING SOURCE
Project funding will come from both regional Measure A revenues and TUMF collected by CVAG
member agencies. Other sources of funding may include local funds from the agency proposing the
project, local gas tax funds, ISTEA funds, redevelopment funds, etc.
All funding sources should be considered by the agency prior to project submittal to CVAG for
funding from the Regional system fiords. CVAG will advance fund, for TUMF jurisdictions, a
project up to 100%of the total approved,eligible,estimated project cost. Project contingency funds
will not be funded. However,any additional costs incurred due to any change in scope of work may
be submitted to CVAG for funding eligibility, and will be processed through CVAG's committee
structure for approval.
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7.0 PROJECT SCOPE OF WORK
A project scope of work narrative shall be submitted to CVAG with the submittal for expense
eligibility and regional funding. The narrative shall include,but not be limited to,discussion of the
following:
• Right-of-Way Acquisition and Relocation
• Project limits
• Typical roadway improvement section
• Vicinity map for project location identification
• Anticipated starting date -Engineering, R-O-W Acquisition and Construction
• Anticipated completion date - Engineering, R-O-W Acquisition and Construction
• Anticipated funding amount
8.0 PROJECT DESIGN(CIVIL)
The project design is the sole responsibility of the agency and/or agencies which are proposing and
constructing the project. However,the design and construction standards as outlined in the Regional
Arterial Cost Estimate (RACE), 1999 Update, shall be a guideline to be used by the designer for
project design and construction standards. Any deviations should be identified, along with the
rationale for such deviations.
The total project design services shall not exceed in cost 10% of the estimated construction
costs, or as determined by CVAG.
9.0 PROJECT DESIGN (LANDSCAPING)
The following is a narrative of the landscape improvements which shall or shall not be eligible for
regional funding:
• All new landscaping, electrical and irrigation work shall NOT be eligible for regional funding.
• Only new utility sleeves which are to be placed below the roadway surface for future use shall
be eligible for regional funding.
Additionally, any existing landscaping, electrical and irrigation which is directly affected by the
project shall be eligible for funding providing it is replaced "in kind".
10.0 PROJECT CONSTRUCTION FUNDING
All regionally funded agency project construction will consist off famishing all materials,equipment,
labor, tools and incidentals as required to construct the improvements as required by the approved
plans, specifications and contract documents.
"Curb-to-curb" improvements are eligible for funding, with the exception of landscaping. (See
section 9.0 for further detail on landscaping.) "Curb-to-curb"improvements include asphalt paving,
striping, curb, etc. Sidewalks, bus-turnouts, bikelaftes,etc. are not eligible for Regional Arterial
funding.
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Exception: One sidewalk (Bikelanes are eligible for Regional Arterial
funding, Executive Committee action on October 30, 2000) will be eligible for Regional
Arterial funding if it crosses a(n):
1. Regional Arterial Bridge
2. Interstate 10 Interchange
3. Interstate 86 Interchange
All regionally funded agency projects will comply with the prevailing rates of wages and
apprenticeship employment standards established by the State Director of Industrial Relations.
Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise
program. All recipients of Federal Highway Administration (FHWA) fiords must carry out the
provisions of Part 26, title 49 of the Code of Federal Regulations (CFR) which established the
Federal Department of Transportation's policy supporting the fullest possible participation of firms
owned and controlled by minorities and women in the Department of Transportation programs.
All regionally funded project bids shall be prepared on the approved agency proposal forms in
conformance with the instructions to bidders.
All approved regional construction projects will be funded to 100% of the lesser of the following:
• CVAG approved project construction cost estimate.
• The lowest responsible bidder's award.
11.0 PROJECT CONSTRUCTION SURVEY
Construction survey is defined as all surveying and construction staking necessary for the
construction of the project as determined by the engineer.
The cost of any additional surveying and/or construction staking primarily for the convenience of
the contractor,not in conformance with usual and customary practices and for replacement of stakes
lost as a result of the contractor's or agency's negligence,shall be the responsibility of the contractor
and/or agency.
The agency shall be responsible for all resetting of monumentation within public and/or private
right-of-way that is destroyed by the construction operations unless it is itemized in the approved
construction survey estimate.
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12.0 PROJECT CONSTRUCTION MANAGEMENT
Project construction management costs shall be eligible for regional funding only if it is to fund one
or more of the following:
• Construction inspection
• Materials testing
• Project management
• Construction Survey
• Geotechnical studies and reports
• Contract administration
The activities set forth above shall be eligible for regional funding based upon actual costs
provided the total sum does not exceed 15% of the approved estimated construction costs.
13.0 PROJECT OVERSIGHT-AGENCY TIME
Project cost estimates should include an amount intended to allow Agency to recover an amount
representing the costs incurred for the time of its employed staff in working on the project. These
amounts shall be eligible for regional funding based upon actual costs provided the total sum
does not exceed 5% of the approved estimated project costs.
14.0 PROJECT CONTINGENCY FUNDS
Project contingency funds shall not be granted at the beginning of a project. If a change in scope or
design creates a need for a change order which may require additional funds,the agency shall make
application with CVAG for expense eligibility from regional funds. Actual cost incurred shall only
be eligible for funding.
15.0 REFERENCE DOCUMENTS
Transportation Project Prioritization Study, June 1999
Regional Arterial Cost Estimate, June 1999
Regional Arterial Financial Plan and Expenditure Program,November 1994
Coachella Valley Area Transportation Study, 1987
Coachella Valley Area Transportation Study, 1984
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