Loading...
HomeMy WebLinkAboutA4317 - CVAG INDIAN I-10 INTERCHANGE REIMBURSEMENT COntract No. 01-0/-69//A? Riverside Co. Transportation AMENDMENT NUMBER EIGHT CITY OF PALM SPRINGS-COUNTY OF RIVERSDIE -CVAG REIMBURSEMENT AGREEMENT INDIAN AVENUE/INTERSTATE 10 INTERCHANGE PROJECT THIS AMENDMENT NUMBER EIGHT is made and entered into this J ONE day of Lp , 2011, by and between the Coachella Valley Association of Governments, a California joint powers agency, (CVAG), the City of Palm Springs (Lead Agency) and the County of Riverside (Agency), and is made with reference to the following background facts and circumstances. All other provisions in the existing Reimbursement Agreement, and Amendments One through Seven, inclusive, for the Indian Avenue/ Interstate 10 Interchange Project, remain in force. This Amendment Number Eight revises the proportionate share of responsibility for the 25% local share of project costs. No additional funds are obligated by this Amendment Eight. The current estimated cost for the Indian Avenue/ Interstate 10 Interchange Project is presently$26,476,137. This Amendment Number Eight confirms that all submitted payment requests must be eligible for reimbursement by CVAG as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program in effect at the time CVAG is invoiced by the lead agency for reimbursement. This Amendment Number Eight shall establish the following proportionate share of responsibility for the 25% Local Share of qualified costs for the Indian Avenue/ Interstate 10 Interchange Project. Desert Hot Springs 33.90% Palm Springs 37.90% Cathedral City 6.70% Rancho Mirage 1.50% Riverside County 20.00% The cities of Desert Hot Springs, Cathedral City and Rancho Mirage are not obligated by this Amendment Number Eight. These cities will be presented a Sub- Reimbursement Agreement to confirm their individual responsibility for the 26% Local Share of qualified costs for the Indian Avenue/ Interstate 10 Interchange Project. Funding Summary Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 Amendment Number One $ 9,000 Amendment Number Two $ 15,300,000 Amendment Number Three $ 50,000 Amendment Number Four $ 50,000 Amendment Number Five $ 340,720 Amendment Number Six $ 385,000 Amendment Number Seven $ 1,364,272 Amendment Number Eight $ 0 AUG 1 62011 Sao IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Eight to be executed by their duly authorized representatives on this date: w -n O j D y ATTEST: COUNTY OF RIVERSIDE J y D r M B — By: L Bob Buster 0 Clerk of t e Board Chairman M z Ga 4 c z ATTEST: CITY OF PALM SPRINGS By: By: Stephen Pougnet City Clerk Mayor ATTEST: CVAG By: By: Tom Kirk, onne Parks Executive Director CVAG Chair AUG 1 62011 3. q0 IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Eight to be executed by their duly authorized representatives on this date: ATTEST: COUNTY OF RIVERSIDE By: By: Bob Buster Clerk of the Board Chairman APPROVED BY CITY COUNCIL I -aO • Nt 3S Ron ATTEST: CITY OF PALM SPRINGS By: a�/rrZol (APPROVED AS TO FORM Step�eR-PeraQrret City Clerk .Mayer CITY MAk!,Cr-- P, City Attorney -)ate ATTEST: CVAG By: _ By: Tom kKV Yvonne Parks Executive Director CVAG Chair RETURN TO: CITY CLERK CITY OF PALM SPRINGS BOX 2743 PALM SPRINGS,CA M63 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS AMENDMENT NUMBER SEVEN CITY OF PALM SPRINGS—COUNTY OF RIVERSDIE - CVAG REIMBURSEMENT AGREEMENT INDIAN AVENUE/ INTERSTATE 10 INTERCHANGE PROJECT THIS AMENDMENT NUMBER SEVEN is made and entered into this day of 2010, by and between the Coachella Valley Association of Governm nts, a California joint powers agency, (CVAG), the City of Palm Springs (Lead Agency) and the County of Riverside, and is made with reference to the following background facts and circumstances. All other provisions in the existing Reimbursement Agreement, and Amendments One through Six, inclusive, for the Indian Avenue/ Interstate 10 Interchange Project, remain in force. This Amendment Number Seven obligates the estimated funds necessary to eliminate the anticipated funding shortfall to construct the Indian Avenue/ Interstate 10 Interchange Project. The revised estimated cost for the Indian Avenue/ Interstate 10 Interchange Project is presently $28,800,000. This Amendment Number Seven confirms that all submitted payment requests must be eligible for reimbursement by CVAG as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as adopted March 29, 2010. This Amendment Number Seven shall obligate additional funds in the amount of $1,364,272 to eliminate the estimated shortfall to construct the Indian Avenue/ Interstate 10 Interchange Project. Summary Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 Amendment Number One $ 9,000 Amendment Number Two $ 15,300,000 Amendment Number Three $ 50,000 Amendment Number Four $ 50,000 Amendment Number Five $ 340,720 Amendment Number Six $ 385,000 Amendment Number Seven $ 1,364,272 JUN 292010 �.�� IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Seven to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS iks City Clerk TO #-Oftj MY MAIMGE-I'l APPROVED BY CITY COUNCIL aty attorney , ATTEST: COUNTY OF RIVERSIDE By: By: Clerk of the Board ATTEST: CVAG By: By: .� Too Ki , Stephen Pougnet Exec"Ufive Director CVAG Chair }¢}gdy:wVl:'x:/WfYrtY'a.'pP..::.rpxaWw.•..:... yr. COACHELLA VALLEY ASSOCIATION of GOVERNMENTS IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Seven to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: By: City Clerk J. ATTEST: COUNTY OF RIVERSIDE a i By' D EPUTY B. KECIA H PER-THEM Clerk of a Board -MA1v�;.:�y:�> A CHAIRMAK, ROAR`"' SUPERVISORS rh ATTEST: CVAG By: By; '69��Z/1) Tom Kirk, St phen Pougn Executive Director CVAG Chair Al IN 9 9 Mtn 2 (0(,P v Riverside Co. ;ry:. 7eriat➢Ora AMENDMENT NUMBER SIX �4 to the r CITY OF PALM SPRINGS-COUNTY OF RIVERSIDE-CVAG REIMBURSEMENT AGREEMENT INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING, ENVIRONMENTAL AND CONSTRUCTION THIS AMENDMENT NUMBER SIX is made and entered into this(o Day of 2008, by and between the City of Palm Springs (Lead Agency), the Courky of Riverside (Agency), and the Coachella Valley Association of Governments, a California joint powers agency, (CVAG), and is made with reference to the following background facts and circumstances: This Amendment Number Six obligates and authorizes for expenditure,funds not previously authorized under the terms of the existing Reimbursement Agreement for the " Indian Avenue Interstate 10 Interchange Design Engineering and Environmental" (the Project), dated December 6, 2000; Amendment Number One, dated November 14, 2001; Amendment Number Two, dated May 1, 2002; Amendment Number Three, dated December 8, 2003; Amendment Number Four, dated May 21,2003; and Amendment Number Five. All other provisions are considered to remain in force. This Amendment Number Six shall authorize additional design engineering funds in the amount not to exceed $385,000. The Lead Agency is requesting additional funds for the Design Consultant due to the revised environmental document standards,final Project Report extra work,, and additional right of way work. Summary: Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 Previously obligated under Amendment#1 $ 9,000 Previously obligated under Amendment#2 $15,300,000 Previously obligated under Amendment#3 $ 50,000 Previously obligated under Amendment#4 $ 50,000 Previously obligated under Amendment#5 $ 340,720 New obligations under this Amendment#6 $ 385,000 Total amount, after Amendment#6 is authorized for expenditure $17,078,563 Indian Avenue 1-10 Interchange/Amendment number six PS/County of Riverside/CVAG January 2008 Pagel dAy 2 0 2008 IN WITNESS WHEREOF,the parties hereto have caused this Amendment Number Six agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF fPALM SPRINGS ,, \ By: By: City Clerk w r Z COUNTY OF RIVERSIDE ATTEST: B> � By, z Clerk of the DEPUTY C airman of the Board of Supervisors card_of Supervisor p �7 7`�� d CQ CVAG \, A S rr LL O m By By John Wohimuth CVAG Chair Executive Director Indian Avenue I-10 Interchanbe/Amendment number six PS/County of Riverside/CVAG January 2008 Pagc2 I\AAY � 0 Z�QB 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Six agreement to be executed by their duly authorized representatives on this date. ATTEST: CITY OF PALM SPRINGS / City Clerk City Man APPROVED BY CITY COUNCIL COUNTY OF RIVERSIDE ATTEST: By; By- Clerk of the / Chairman of th Board of Supervis•rs Board of Sup rwsors CVAG ATTEST: By: By. J#n Wohlmuth C AG Chair E ecutive Director Indian Avenue i-10 Interchange/Amendment number six PS/County of Rrvcrsidc/CVAG January 2008 Page? Riverside Co. Tra9sportation CITY OF PALM SPRINGS-COUNTY OF RIVE RSIDE-CVAG REIMBURSEMENT m AGREEMENT u� � N a r "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING,ENVIRONMENTAL AND CONSTRUCTION" L—W AMENDMENT NUMBER FIVE /ADDITIONAL ENGINEERING DESIGN FUNDS c_ CU THIS AMENDMENT NUMBER FIVE is made and entered into this 9 Day of 14 V, 2007, by and between the City of Palm Springs ("Lead Agency"), the County of Riverside('Agency'),and the Coachella Valley Association of Governments,a California jointpowers agency,("CVAG"),and is made withreferenceto the followingbackground facts and circumstances: This amendment obligates and authorizes for expenditure,funds not previously authorized under the terms of the existing reimbursement agreement for the"Indian Avenue Interstate 10 Interchange Design Engineering andEnvironmental"("the Project"),dated December 6,2000, amendment number one,datedNovember 14,2001,amendmentnumbertwo,datedlvlay 1,2002, amendment number three, dated December 8,2003, and amendment number four. All other provisions are considered in force. This amendment number five shall authorize additional design engineering funds inthe amountnottoexceedS340,720. The Lead Agency is requesting additional funds forthe Design Consultant due to the PANED(Project ApprovalJEnvironrnmtal Document)Phase ofthe picjeet that has been extended from the anticipated two years to more than five years. Summary: Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 Previously obligated under Amendment#1 $ 9,000 Previously obligated under.Amendment#2 $15,300,000 Previously obligated under Amendment 9.3 $ 50,000 Previously obligated under Amendment#4 $ 50,000 New obligations under this Amendment 45 $ 340,720 Total amount, after Amendment 45 is authorized for expenditure $16,693,563 Indian Avenue I-10 Interchange/Amendment number five PS/County of Riverside/CVAG September 2006 Pagel Sp 18 Z007 74 y' IN WITNESS WHEREOF,the parties hereto have causedtbis amendment numberfive agreement to be executed by their duly authorized representatives on this date: ATTEST CITY OF PALM SPRINGS City Clerk II/2e[zoo-1 City Manager. C', APPROVED BY CITY COUNCIL COUN Y OF RIVER"TAVAGL- By: [ pU BClerk of to Bo of Supervisors ervisors NANCY ROMERO -- CVAG By: ��' — `� By: o Woblri t ecutive Director Chainnan RETURN TO: m n�•qn pni ��P^� FORM AP�PR __O //V� E __R����COUNTY COUNSEL BY:__. >0Y16 a ) ---o y�7-'Q C:TV OF PALM SPRINGS MP,RSHA L VICTOR DATE SO/2%43 PEA_VI SPRINGS,CA 022E3 T' Indian Avenue I-10 Interchange/Amendment number five PS/County of Riverside/CVAG September 2006 Paget I SEP 18 2007 .�y GqWact NO 0 031 31 03 CITY OF PALM SPRINGS-COUNTY OF RIVERSIDE-CVAG REIMBURSEMENT AGREEMENT CVAG Indian/ 1-10 Interchange "INDIAN AVENUE INTERSTATE 10 INTER( AGREEMENT #4317 Amend 4 DESIGN ENGINEERING , ENVIRONMENTAL AND C M07303, 5-21-03 AMENDMENT NUMBER FOUR/ADDITIONAL DESIGN ENGINEERING FUNDS THIS AMENDMENT NUMBER FOUR is made and entered into thisa'Ky of JlUg 2003, by and between the City of Palm Springs ("Lead Agency"), the County of Riv4side ("Agency"),and the Coachella Valley Association of Governments,a California jointpowers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: This amendment obligates and authorizes for expenditure,funds not previously authorized under the terms of the existing reimbursement agreement for the"Indian Avenue Interstate 10 Interchange Design Engineering and Environmental"("the Project"),dated December 6,2000,amendment number one,dated November 14,2001,amendment number two,dated May 1,2002,and amendment number three. All other provisions are considered in force. This amendment number four shall authorize additional design engineering funds inthe amount not to exceed$50,000. The Lead 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 related to the project alternatives. For further detail please see Amendment Number Four -Exhibits "B" . Summary: Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 Previously obligated under Amendment#1 $ 9,000 Previously obligated under Amendment 42 $ 15,300,000 Previously obligated under Amendment 43 $ 50,000 New obligations under this Amendment#4 $ 50,000 Total amount, after Amendment#4 obligated and authorized for expenditure $ 16,352,843 3"Indian Avenue 1-10 Interchange/Amendment number four PS/County of Riverside/CVAG April 2003 Page 1 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 ByBy. City Clerk (p16/0 City Manager COUNTY OF RIVERSIDE r cl SON Cle o e Boar of Supervisors 4(at-.7,'Chainnan of the Board-of Supervisors CVAG By: %f By: 7 ecutive Director Chairman %PPROVED AS TO FORM Clty Ll �i3 , Date :4;�� V7D 2SEJ. r m. Indian Avenue I-10 Interchange/Amendment number four PS/County of Riverside/CVAG April 2003 Page 2 EXHIBIT B - AMENDMENT NUMBER FOUR ESTIMATE OF COST "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING , ENVIRONMENTAL AND CONSTRUCTION" AMENDMENT NUMBER FOUR/LEAD AGENCY STAFF ADMINISTRATION TIME Existing Agreement Phase I: Project Report/Environmental $333,667.71 Phase II: Final Plans, Specs & Estimates $565,683 Phase III: Bid/Award Support $ 10,098.87 Phase IV: Construction Support $ 34,392.99 Total Design $943,842.57 Amendments # 1, 2,3 & 4 Lead Agency Staff Time (Amendment#1) $ 9,000 Construction (Amendment#2) $ 15,300,000 Administration (Amendment#3) $ 50,000 Consultant, Design Engineering (Amendment#4)$ 50,000 Total Cost $ 16,352,843 f:\home\aazzu\agree\stip\amend\psindi 10303 -.-Indian Avenue I tl Interchange/Amendment number four PS/County of Riverside/CVAG April 2003 Page 3 Contract No. Riverside Co. Transportation CVAG CITY OF PALM SPRINGS-COUNTY OF RIVERSIDE-CVAI Indian Avenue/I-10 I nterchang AGREEMENT AGREEMENT #4317 Amend 3 M07234, 1-2-03 "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING , ENVIRONMENTAL AND CONSTRUCTION" AMENDMENT NUMBER THREE/LEAD AGENCY STAFF ADMINISTRATION TIME THIS AMENDMENT NUMBER THREE is made and entered into this 0441_6,__ciayof , 2003, by and between the City of Palm Springs ("Lead Agency"), the County of Riverside ("Agency"),and the Coachella Valley Association of Governments,a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circurnstances: This amendment obligates and authorizes for expenditure,funds not previously authorized under the terms ofthe existing reimbursement agreement for the"Indian Avenue Interstate 10Interchange Design Engineering and Environmental'("the Project"),dated December 6,2000,amendment number one,dated November 14, 2001, and amendment number two, dated May 1, 2002. All other provisions are considered in force. This amendment numberthree shall authorize additional funds in the amount not to exceed$50,000 for project administration and to allow the Lead Agency to recover an amount representing the time of its employed staff in working on this Project. For further detail please see Amendment Number Three- Exhibits "B" . Summary Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 Previously obligated under Amendment#1 $ 9,000 Previously obligated under Amendment#2 $ 15,300,000 New obligations under this Amendment 43 $ 50,000 Total amount, after Amendment 43 obligated and authorized for expenditure $ 16,302,843 Indian Avenue 1-10 Interchange/Amendment number three PS/County of Riverside/CVAG November 2002 Page I IN WITNESS WHEREOF,the parties hereto have caused this amendment number three agreement to be executed by their duty authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS B By: Ci rk City Manager w � i�u'4 COUNTY OF RIVERSIDE A 1F 3 Y ByA_-Cler By ':iuy/ r ;�i2N..SC75'7 ie Boar�ervisors lei -Chairman of the Board of Supervisors CVAG By: �llV�� By: xecutive Director Chairman 00Uv§TV C.C'CT4SE-L NOV _ou Indian Avenue I-10 Interchange/Amendment number three PS/County of Riverside/CVAG November 2002 Page 2 EXHIBIT B - AMENDMENT NUMBER THREE ESTIMATE OF COST "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING , ENVIRONMENTAL AND CONSTRUCTION" AMENDMENT NUMBER THREE /LEAD AGENCY STAFF ADMINISTRATION TIME Existing Agreement Phase I: Project Report/Environmental $333,667.71 Phase II: Final Plans, Specs & Estimates $565,683 Phase 1II: Bid/Award Support $ 10,098.87 Phase IV: Construction Support $ 34,392.99 Total Design $943,842.57 Amendments # 1,2 & 3 Lead Agency Staff Time (Amendment#1) $ 9,000 Construction (Amendment#2) $ 15,300,000 Administration (Amendment#3) $ 50,000 Total Cost $ 16,302,843 f.\home\aazzu\agree\stip\amend\psindi 101102 Indian Avenue 1-10 Interchange/Amendment number three PS/County of Riverside/CVAG November 2002 Page 3 AMENDMENT NUMBER TWO CITY OF PALM SPRINGS - COUNTY OF RIVERSIDE - CVAG REIMBURSEMENTS._,"_,_1­_1 AGREEMENT CVAG - Ps "INDIAN AVENUE INTERSTATE 10 INTERCH Indian Ave/I-10 interchange AGREEMENT #4317 Amend 2 DESIGN ENGINEERING,ENVIRONMENTAL AND COP M07062, 5-1-02 THIS AMENDMENT NUMBER TWO is made and entered into this/4` day of 200A by and between the City of Palm Springs ("Lead Agency"), the County of Riverside ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: The ROTC- CVAG agreement for distribution of federal transportation funds provides that CVAG is allocated over $26 Million of 2002 STIP funds. The Indian Avenue Interstate 10 Interchange project was identified on the list of projects to receive the STIP formula funds, The CVAG Executive Committee, on October 29, 2001, approved the allocation of Coachella Valley 2002 STIP formula funds to the Indian Avenue Interstate 10 Interchange Project in the arnourit of$15,300,000. This amendment allocates 2002 STIP funds in the amount of $15,300,000 for construction (section 4 of existing agreement). All other provisions in the existing reimbursement agreement, dated December 6, 2000,and amendment number one,dated November 14,2001 are considered in force. Lead Agency and Cooperating Agencies 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 fiords for this project. The Lead Agency will follow the Federal/State procedures and requirements to get reimbursed for the $15,300,000 by Caltrans. Lead Agency will deal directly with Caltrans in requesting the funds. CVAG will not be responsible for the loss of funds should the Lead Agency fail to follow the Federal/State procedures. Summary: Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 Previously obligated under Amendment#1 $ 9,000 New obligations under this Amendment#2 $ 15,300,000 Total amount, after Amendment#2 obligated and authorized for expenditure $ 16,252,843 Amendment#2 CVAG-City of Palm Springs-County of Riverside/Indian Avenue I-10 Interchange/October 2001 Page I OF?IGNAL Bill c19 3 ANDJOR AGREMM Pollo 2 53-5, AMENDMENT NUMBER TWO CITY OF PALM SPRINGS - COUNTY OF RIVERSIDE - CVAG REIMBURSEMENT AGREEMENT "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING, ENVIRONMENTAL AND CONSTRUCTION" IN WITNESS WHEREOF,the parties hereto have caused this amendment number two agreement to be executed by their duly authorized representatives on this date: ATTEST.. CITY OF PALM SPRINGS By: City Clerk _Mayor r'PROVED AS TO FOR1w L. Atto►ntb COUNTY OF RIVERSIDE gate - r #0 yy� By: *Ctqof1the l1a ..� .. R ?Yy el.Lt FORM APPROVED oard of Supervisors Chairman of the Board of SupervMgTy COUNSEL L19 z / N CL ti y - - CVAG f� . By: By: Patricia A. Larson, Chai an Executive Director f\home\aazzu\wp\agree\stip\amend\indiani l Oamnd2 ) r/ • Y GGG ��/ Amendment N2 CVAG-City of Palm Springs-County of Riverside/Indian Avenue I-10 Interchange/October 2001 Page 2 yC:.__D�__- !�c2l r `w°"`'C'T Y OF PALM SPRINGS - COUNTY OF RIVERSIDE - CVAG REIMBURSEMENT AGREEMENT "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" AMENDMENT NUMBER ONE/LEAD AGENCY STAFF ADMINISTRATION TIME t, THIS AMENDMENT NUMBER ONE is made and entered into this �eday of 2001, by and between the Coachella Valley Association of Govern nments, a California joint powers agency, ("CVAG"), City of Palm Springs ("Lead Agency"), the County of Riverside ("Agency"). This amendment obligates and authorizes for expenditure, funds not previously authorized Linder the terms of the existing Reimbursement Agreement for the "Indian Avenue Interstate 10 Interchange Design Engineering and Environmental' ("the Project"), executed December 6, 2000, Exhibit "B"- "Estimate of Cost". All other provisions are considered in force. This amendment number one shall authorize additional funds in the amount not to exceed $9,000 to allow the Lead Agency to recover an amount representing the time of its employed staff in working on this Project. For further detail please see Amendment One - Exhibits "B" . Summary: Previously obligated and authorized for expenditure (Original Agreement) $ 943,843 New obligations under this Amendment#1 $ 9.000 Total amount, after Amendment#1 obligated and authorized for expenditure $ 952,843 CVAG Indian/I-10 Reimbursement AGREEMM #4317 +` M06961, 11-14-01 Indian Avenue I-10 Interchange/Amendment Number One PS/County of Riverside/CVAG August 2001 Page I IN WITNESS WHEREOF,the parties hereto have caused this amendment number one agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: s City Clerk City Manager c3 FORVv Cit tomes COUNTY OF RIVERSIDE By: rZ ".(^ f j� /;= By. � I.t y� SEA ROBERT A. BUST I3 Clerk bf the Board of Supervisors Chairman of the Board of Supervisors CVAG f BY: Ge. G.0 a �� ._�,J �f �� � � o By: � Patricia A. Larson, 4-'hawi an Executive Director �'T V C�C'..hG9i,,I(ML FORM APPRC.WED COUNTY COMISEL Indian Avenue I-10 Interchange/Amendment Number One PS/County of Riverside/CVAG August 2001 Page 2 EXHIBIT B - AMENDMENT NUMBER ONE ESTIMATE OF COST "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" AMENDMENT NUMBER ONE /LEAD AGENCY STAFF ADMINISTRATION TIME Existing Agreement Phase I: Project Report/Environmental $333,667.71 Phase II: Final Plans, Specs &Estimates $565,683 Phase III: Bid/Award Support $ 10,098.87 Phase IV: Construction Support $ 34.392.99 Total Design $943,842.57 Amendment Number One Lead Agency Staff Time $ 9,000.00 Total Cost 952,842.57 f.-\home\aazzu\agree\stip\amend\psindi 10701 Indian Avenue I-10 Interchange/Amendment Number One PS/County of Riverside/CVAG August 2001 Page 3 3f fry rar_% No • , , 1. r �'Ii�Y O�EUGC YN6Yn �/.~.�✓ � C.!//f 1+;14i°�C't°laLUU S,iu,t2;h`CC'� - L:U; 1KJ CVAG CITY OF PALM SPRINGS - COUNTY OF RIVER Reimbursement Agr Indian/I10 REIMBURSEMENT AGREEMENT AGREEMENT #4317 M06760, 12-6-00 "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTA " QQL THIS AGREEMENT is made and entered into this day of t crvi� _,2000, by and between the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), City of Palm Springs ("Lead Agency"), the County of Riverside("Agency"), and is made with reference to the following background facts and circumstances: RECITALS Whereas,the "Coachella Valley Area Transportation Study",a valley-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 through which 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, on December 7, 1998,the CVAG Executive Committee adopted a policy to fund the named Measure"A"projects as follows; 50%from CVAG TUMF/Measure"A" resources,25%from CVAG controlled STIP or STP resources, and the remaining 25% continue to be provided by the affected jurisdiction. Whereas, Indian Avenue Interstate 10 Interchange is qualified to receive 50% from CVAG TUMF/Measure"A" resources, 25% from CVAG controlled STIP or STP resources. CVAG-City of Palm Springs/County of Riverside/[ndian Av I-10 Design Engineering&Environmental September 2000 Page I n '"d Whereas, should the 25% STIP or STP funds become available for this project, then the Lead Agency and the 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 (25% STIP or STP funds) for this project. CVAG shall reconcile the funding sources in the future, when the STIP or STP funds become available. Whereas, CVAG is willing to advance some or all of the entire cost of certain eligible projects with the understanding and agreement,embodied herein,that twenty-five percent of the total project cost shall thereafter be reimbursed to CVAG (the "Jurisdictions-Quarter"). Each agency's respective portion of the Jurisdictions-Quarter shall be determined prior to construction. Whereas,this agreement shall provide for such an advance from CVAG for the Project generally described as and consisting of the following: "Indian Avenue Interstate 10 Interchange". These services will hereinafter be referred to as the "Project". This Project will provide the Design Engineering, Right-of-Way and Environmental for Indian Avenue Interstate 10 Interchange. Whereas, Lead Agency and Agency desire to proceed with the Project"Design Engineering and Environmental for Indian Avenue Interstate 10 Interchange". The estimated cost of the Project is 94� 3,842. Lead Agency and Agency desire to receive advances from CVAG of all or a portion of its Jurisdiction Quarter relating to the Project. CVAG is, under the circumstances provided herein, willing to advance some or all of the Jurisdiction Quarter of Lead Agency with reference to the Project. Whereas, it is the intent of Lead Agency, Agency and CVAG that this agreement will be amended, for the bid process, Right-of-Way acquisition and construction phases, to include a scope of work, cost estimate and if necessary, schedule modifications, for each respective phase. Whereas, Lead Agency, Agency agree 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. 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/County of Riverside/Indian Av 1-10 Design Engineering&Environmental September 2000 Page 2 I 2. The Project is generally described as and consists of the following: "Design Engineering and Environmental for Indian Avenue Interstate 10 Interchange" 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 Interstate 10 Interchange Design Engineering and Environmental" 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 Lead Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Lead Agency shall pay to outside contractors in connection with the Project. The amount of the agency's respective portion of the Jurisdictions-Quarter, the STIP-Quarter, and the remaining portion to be paid by CVAG(the "CVAG-Half') 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, Lead Agency and Agency that the total cost of the Project shall not exceed 94$ 3,842. Lead Agency and Agency shall reimburse CVAG the Jurisdictional share of eligible costs in accordance with the attached Jurisdictional Reimbursement Schedule(percentages will be determined prior to construction). Each of the involved agencies shall have a funding policy acceptable to CVAG in place prior to CVAG's obligation of construction funds for this Project. 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,Lead Agency and Agency agree 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 and Environmental of the Project. 4.3 Payments to Lead Agency shall be made upon presentation to CVAG of statements from Lead 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 Lead 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). 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", CVAG will in good faith consider an amendment to this agreement to include any such costs under this agreement so as to provide thereby for further reimbursement to be made on account thereof. The Scope of Work shall be subject to changes, for the purpose of CVAG payment, by additions, CVAG-City of Palm Springs/County of Riverside/Indian Av I-10 Design Engineering&Environmental September 2000 Page 3 deletions,or revisions by agreement between Lead Agency,Agency and CVAG if such changes are in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. 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. Lead 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 Lead 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. Lead 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 Lead 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 Lead 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 constitute CVAG as a party to the construction or ownership of the Project or to make it as a partner or joint venturer with Lead Agency as to the Project. 9. The City of Palm Springs shall assume the defense of,indemnify and hold harmless CVAG, the County of Riverside 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 The County of Riverside shall assume the defense of, indemnify and hold harmless CVAG, the City of Palm Springs 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 County of Riverside taken in the performance of the Agreement or any agreement entered into by County of Riverside with reference to this Project. 9.2 CVAG shall assume the defense of, indemnify and hold harmless the County of Riverside,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/County of Riverside/Indian Av 1-10 Design Engineering&Environmental September 2000 Page 4 10. Lead Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG,Lead Agency,Agency as "additional insureds" on all liability insurance coverage required by Lead Agency on each contract. Lead Agency will provide a copy of the Insurance Certificate to CVAG, showing CVAG, 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 Lead 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 Lead Agency from full and timely performance in accordance with the terms of this contract. 12. Any Agency receiving federal funds must have an approved Disadvantaged 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 (CPR) 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 (which 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 Lead 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 Agency: County of Riverside 4080 Lemon Street, 8th Floor Riverside, California 92501 Attn: Transportation Director Telephone: (909) 955-6740 FAX No.: (909) 955-6721 CVAG-City of Palm Springs/County of Riverside/Indian Av 1-10 Design Engineering&Environmental September 2000 Page 5 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. 14. This agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 15. If any tern, 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. CVAG-City of Palm Springs/County of Riverside/Indian Av I-10 Design Engineering&Environmental September 2000 Page 6 i IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: AGENCY: CITY OF PALM SPRINGS ByClaja City Manager My, mart APPROVED 4 TO FORIVi tort COUNTY OF RIVERSIDE GiiL r air date A � James A. klenaule Clerk of the Board of Supervisors Chairman of the Board of Supervisors CVAG By: e . � By: Patricia A. Larson, Gary G,t , C air Executive Director �—(I d` A,PIPROVEV BY THE �'Qy 1 oailtlwm FORM APPROVED OOUN OUNSEL -�Q FE2 2001 rR1=YI o�V.;a=�n SY bl� Q CVAG-City of Palm Springs/County of Riverside/Indian Av I-10 Design Engineering&Environmental September 2000 Page 7 EXHIBIT A SCOPE OF SERVICES "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" 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. Project Report: Preparation of a Project Report in accordance with the current Caltrans Guidelines as described in the Caltrans Project Development Procedures Manual. Right-of-Way engineering documents: Prepare all documents including plats,maps and legal descriptions to acquire necessary real property for the project. Plans, Specifications and Estimates: Prepare Plans, Specifications and Estimates for the project in accordance with relevant Caltrans, County and City standards. Process Plans, Specifications and Estimates for approval by the appropriate agencies. CVAG-City of Paint Springs/County of Riverside/Indian Av I-10 Design Engineering&Environmental September 2000 Page 8 EXHIBIT B ESTIMATE OF COST "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" Phase I: Project Report/Environmental $333,667.71 Phase II: Final Plans, Specs & Estimates $565,683 Phase III: Bid/Award Support $ 10,098.87 Phase IV: Construction Support $ 34_ 392.99 Total Design $943,482.57 CVAG-City of Palm Springs/County of Riverside/Indian Av 1-10 Design Engineering&Environmental September 2000 Page 9 EX3IBIT "CII PROJECT SCHEDULE "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" Project starting November 2000 Final Design November 2002 CVAG-City of Palm Springs/County of Riverside/Indian Av 1-10 Design Engineering&Environmental September 2000 Page 10 JURISDICTIONAL REIMBURSEMENT SCHEDULE "INDIAN AVENUE INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" (AGENCY SHALL HAVE A FUNDING POLICY ACCEPTABLE TO CVAG IN PLACE PRIOR TO CONSTRUCTION) (JURISDICTIONS' SHARE IARE TO BE DETERMINED PRIOR TO CONSTRUCTION CVAG-City of Palm Springs/County of Riverside/[ndian Av I-10 Design Engineering&Environmental September 2000 Page I I ATTACHMENT COACHELLA VALLEY"ASSOCIATION OF GOVERNMENTS REGIONAL ARTERIAL PROGRAM PROJECT COST DETERMINATION AND EXPENSE ELIGIBILITY CVAG-City of Palm Springs/County of Riverside/Indian Av 1-10 Design Engineering&Environmental September 2000 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 Page 13 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 0 Construction An updated cost estimate for the costs to build the improvement per the approved plans and specifications. 0 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. 0 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: 0 The proposed project shall appear on the approved June 1999 Transportation Project Prioritization Study updated list of projects. 0 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. 0 A general statement of the project. Why it is needed, etc. 0 A preliminary design estimate for all design services. 0 A preliminary construction cost estimate,to be updated once design is completed. 0 A preliminary construction management and Agency project management cost estimate. Page 14 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 funds. 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. Page 15 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: 0 Right-of-Way Acquisition and Relocation 0 Project limits Typical roadway improvement section 0 Vicinity map for project location identification 0 Anticipated starting date - Engineering, R-O-W Acquisition and Construction 0 Anticipated completion date - Engineering, R-O-W Acquisition and Construction 0 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: 0 All new landscaping, electrical and irrigation work shall NOT be eligible for regional funding. 0 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 of furnishing 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 fand ng, 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, bikelanes, etc. are not eligible for Regional Arterial funding. Page 16 Exception: One sidewalk and/or one bikelane 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) 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. 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: 0 CVAG approved project construction cost estimate. 0 The lowest responsible bidder's award. 11.0 PROTECT 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. Page 17 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: Q Construction inspection Q Materials testing Q Project management Q Construction Survey Q Geotechnical studies and reports Q 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 c:\wp\agree\advance\palmil01.098\aa Page 18